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POSKUS v. LOMBARDO'S OF RANDOLPH, INC.

No. 98-P-1334.

48 Mass. App. Ct. 527 (2000)

ROBERT A. POSKUS v. LOMBARDO'S OF RANDOLPH, INC., & another.

Court of Appeals of Massachusetts, Plymouth.

February 7, 2000.

Attorney(s) appearing for the Case

Ronald E. Harding for Lombardo's of Randolph, Inc.

J. Michael Conley (Kristen A. McEnelly with him) for the plaintiff.

Present: PERRETTA, KASS, & LENK, JJ.

KASS, J.

Under Mass.R.Civ.P. 60(b)(2), 365 Mass. 828 (1974), a motion for relief from judgment based on newly discovered evidence must be made within one year of final judgment. In light of that limitation, the motion of the plaintiff, Poskus, for relief from judgment was late, having been filed thirteen months after the entry of judgment after rescript (following appeal, successively, to the Appeals Court and the Supreme Judicial Court2

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