RODRIGUEZ v. FIRST UNION NATIONAL BANK.

No. 03-P-511.

61 Mass. App. Ct. 438 (2004)

WILSAR RODRIGUEZ & another v. FIRST UNION NATIONAL BANK, trustee.

Appeals Court of Massachusetts, Essex.

July 6, 2004.


Attorney(s) appearing for the Case

Paul Michienzie for the defendant.

Seth H. Hochbaum for the plaintiffs.

Present: DOERFER, COHEN, & MILLS, JJ.


MILLS, J.

The plaintiffs, Wilsar Rodriguez and Alejo Gomez, seek proper accounting with respect to fire insurance proceeds paid to the defendant, First Union National Bank, trustee. On cross motions for summary judgment, a Superior Court judge determined that the plaintiffs were entitled to a portion of the insurance proceeds. The essential facts are not in dispute.

1. Background. The plaintiffs purchased...

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