BAYBANK v. PTASZYNSKI


1999 Mass. App. Div. 136 (1999)

Baybank v. Joseph Ptaszynski v. Baybank, and others

Massachusetts Appellate Division, Southern District.

June 3, 1999.


Attorney(s) appearing for the Case

Joseph E. Titlebaum for the plaintiff.

Francis McCabe for the defendant.

Present: Aguiar, P.J., Wheatley & Sabra, JJ.


Sabra, J.

This case comes before us after a long and tortured history. It began as a civil suit against Joseph Ptaszynski (hereinafter "Ptaszynski") by Bankboston to recover the balance on a car loan. Ptaszynski filed a counterclaim against Bankboston as well as the car dealership and one of its salesmen. Discovery was requested of Ptaszynski but none was provided. The dealership and salesman made application for dismissal pursuant to Mass. R. Civ. P., Rule 33A, which...

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