U.S. TRUST COMPANY v. CARREIRO


2000 Mass. App. Div. 159 (2000)

U.S. Trust Company v. Henry Carreiro

Massachusetts Appellate Division, Southern District.

June 12, 2000.


Attorney(s) appearing for the Case

Christopher C. Rich for the plaintiff.

Joseph B. McIntyre for the defendant.

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


Sabra, J.

The plaintiff appeals from the motion judge's allowance of a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Mass. R. Civ. P., Rule 12(b) (6). The crux of the motion to dismiss was that the plaintiffs complaint was filed to collect on a deficiency after repossession of an automobile pursuant to G.L.c. 255B, Sections 20A and B, and that the plaintiffs complaint was fatally flawed in that it did not specifically...

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