COMMONWEALTH MUTUAL INSURANCE COMPANY v. VIGORITO


2003 Mass. App. Div. 26 (2003)

Commonwealth Mutual Insurance Company v. Rocco Vigorito

Massachusetts Appellate Division, Northern District.

February 7, 2003.


Attorney(s) appearing for the Case

John A. Leslie for the third-party plaintiff.

Marc D. Padellaro for the third-party defendant.

Diane L. Lawton for Consumer Protection and Antitrust Division, Office of the Attorney General, amicus curiae.

Michael E. Malamut for New England Law Foundation, amicus curiae.

Present: Coven, Greco & Curtin, JJ.


Coven, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal by third-party defendant Rocco Vigorito, doing business as New England Body Works ("Vigorito"), of a judgment against him for violating G.L.c. 93A, §11 through his use of a G.L.c. 255, §25 garageman's lien to secure the payment of excessive fees.

The third-party action was tried without a jury, and we summarize the trial judge's written findings. John F. Hanlon ("Hanlon") was insured...

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