MARCUS v. CITY OF NEWTON


2000 Mass. App. Div. 27 (2000)

Edna S. Marcus v. City of Newton

Massachusetts Appellate Division, Northern District.

January 25, 2000.


Attorney(s) appearing for the Case

Richard L. Yospin for the plaintiff.

Richard G. Chmielinski for the defendant.

Present: Merrick, P.J., Curtin & Wright, JJ.


Curtin, J.

This is a G.L.c. 84, §15 action to recover for personal injuries sustained by the plaintiff in a fall allegedly caused by a defect or lack of repair in a municipal sidewalk. Summary judgment was entered for the defendant, City of Newton (the "City"), and the plaintiff has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C.

The pleadings, affidavits, answers to interrogatories and other Mass. R. Civ. P., Rule 56, materials in the record...

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