SIMON v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

No. 00-P-1804.

57 Mass. App. Ct. 350 (2003)

FRANKLIN SIMON, trustee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

Court of Appeals of Massachusetts, Norfolk.

February 10, 2003.


Attorney(s) appearing for the Case

Richard F. Wholley for the plaintiff.

Christian W. Habersaat for the defendant.

Present: BROWN, BERRY, & MILLS, JJ.


BROWN, J.

The plaintiff, Franklin Simon (Simon), trustee of the 125 Sea Street Nominee Trust (Trust), appeals from a summary judgment entered in favor of the defendant, National Union Fire Insurance Company of Pittsburgh, PA (National). All the relevant materials that were before the motion judges are also before us on appeal. "In this posture, for purposes of our review, we look at a trial judge's decision to allow a motion for summary judgment, albeit useful, as...

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