FISTEL v. FAVALORO

No. 04-P-883.

63 Mass. App. Ct. 651 (2005)

SUSAN G. FISTEL v. MARK J. FAVALORO & another.

Appeals Court of Massachusetts, Middlesex.

June 2, 2005.


Attorney(s) appearing for the Case

Valeriano Diviacchi for the plaintiff.

Ralph G. Picardi for the defendants.

Present: Armstrong, C.J., Lenk, & Cowin, JJ.


LENK, J.

This case involves a straightforward real estate transaction in which the buyer, Susan Fistel, relied to her peril upon Mark Favaloro, the lending bank's attorney, whose review of the deed was apparently deficient. The summary judgment record suggests no basis that would warrant such reliance, and judgment entered for the attorney on the buyer's claims. The buyer appeals, claiming that it was foreseeable that she would rely on the attorney who, in the circumstances...

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