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WANG v. NIAKAROS

No. 05-P-1591.

67 Mass. App. Ct. 166 (2006)

PAUL WANG v. JOHN NIAKAROS.

Appeals Court of Massachusetts, Middlesex.

August 17, 2006.

Attorney(s) appearing for the Case

Matthew L. Lunenfeld for the defendant.

David B. Stein for the plaintiff.

Present: ARMSTRONG, C.J., PERRETTA, DREBEN, GREEN, & GRAINGER, JJ.

GRAINGER, J.

This case presents an appeal from a Superior Court judge's denial of a motion pursuant to Mass.R.Civ.P. 60(b), 365 Mass. 828 (1974), to vacate a default judgment entered against the defendant, John Niakaros. Because the record does not demonstrate that the plaintiff complied with the requirements of Mass.R.Civ.P. 4, as amended, 402 Mass. 1401 (1988), and Mass.R.Civ.P. 5(a), as amended, 387 Mass. 1221 (1983), we reverse and remand for proceedings consistent...

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