HERMAN v. THE HOME DEPOT


436 Mass. 210 (2002)

COLMAN M. HERMAN v. THE HOME DEPOT.

Supreme Judicial Court of Massachusetts, Norfolk.

March 5, 2002.


Attorney(s) appearing for the Case

Beth I. Z. Boland (John M. Stephan with her) for the defendant.

John Traficonte for the plaintiff.

The following submitted briefs for amici curiae:

Thomas F. Reilly, Attorney General, & Diane L. Szafarowicz, Assistant Attorney General, for the Commonwealth.

Carl Valvo & Gregory S. Gilman for Retailers Association of Massachusetts.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


GREANEY, J.

We conclude that the District Court judge in this case had the authority to grant the plaintiff injunctive relief under G. L. c. 93A, § 9. We also conclude that the Appellate Division of the District Court (Appellate Division) was the appropriate tribunal to decide the defendant's appeal.

This case began as a small claim action in the Quincy Division of the District Court Department. The plaintiff, pro se, alleged that the defendant had engaged...

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