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THE FIRST NATIONAL BANK OF BOSTON v. IBARRA

No. 97-P-1788.

47 Mass. App. Ct. 660 (1999)

THE FIRST NATIONAL BANK OF BOSTON v. RAYMOND IBARRA.

Court of Appeals of Massachusetts, Suffolk.

September 2, 1999.

Attorney(s) appearing for the Case

Richard L. Yospin for the defendant.

Craig J. Ziady (Dennis E. McKenna with him) for the plaintiff.

Present: JACOBS, GILLERMAN, & GREENBERG, JJ.

GREENBERG, J.

The plaintiff, a Massachusetts bank, brought this action against the defendant as guarantor of a mortgage note, which was in default. On December 3, 1996, a Superior Court judge denied a motion to dismiss the complaint under Mass.R.Civ.P. 12(b)(5) and 12(b)(6), 365 Mass. 754 (1974). He rejected the defendant's contention that the complaint had not been properly served in accordance with Mass.R.Civ.P. 4(j), as

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