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COTE v. LEVINE

No. 99-P-756.

52 Mass. App. Ct. 435 (2001)

MICHAEL COTE v. RICHARD M. LEVINE & others.

Court of Appeals of Massachusetts, Suffolk.

August 31, 2001.

Attorney(s) appearing for the Case

Cameron C. Pease for the plaintiff.

Timothy G. Kenneally for Edward Sottile, Jr., & another.

Peter L. Freeman for Richard M. Levine.

Present: JACOBS, LENK. & KANTROWITZ, JJ.

KANTROWITZ, J.

The issue to be decided is whether or not the plaintiff, the owner of a condominium unit, conformed to the dictates of Mass.R.Civ.P. 23.1, 365 Mass. 768 (1974), in bringing a derivative suit against the condominium's board of trustees. We agree with the motion judge that he did not and affirm her decision.

Background. The plaintiff, Michael Cote, is the owner of a unit at the Courtyard...

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