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CROSS v. HEWITT

No. 99-P-1159.

52 Mass. App. Ct. 538 (2001)

AUDREY CROSS v. DONALD L. HEWITT & others.

Court of Appeals of Massachusetts, Middlesex.

September 18, 2001.

Attorney(s) appearing for the Case

Lauren A. Boice for the plaintiff.

Paul M. Richardson for Donald L. Hewitt.

Present: PORADA, KANTROWITZ, & COHEN, JJ.

KANTROWITZ, J.

One wonders how Yossarian2 would have responded: To comply with the statute, the plaintiff has to wait one year to file suit. If the plaintiff waits one year to file suit she runs afoul of the statute of limitations. Catch-22.

The issue before us is whether G. L. c. 197, § 9A, requires a plaintiff to wait one year after the death of a deceased defendant prior to filing a claim against his estate, where (1) by...

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