BONADIO v. IEBBA


2007 Mass. App. Div. 19 (2007)

Anthony Bonadio v. Frank Iebba

Massachusetts Appellate Division, Northern District.

March 23, 2007.


Attorney(s) appearing for the Case

James R. Ferraro for the plaintiff.

James R. Burke for the defendant.

Present: Greco, P.J., Coven & Curtin, JJ.


Curtin, J.

The defendant has appealed the denial of his Mass.R.Civ. P., Rule 60 (b) (4), motion for relief from a default judgment. Given the uncontroverted evidence that the defendant was never served, we reverse the denial of the defendant's motion.

Plaintiff Anthony Bonadio ("Bonadio") alleged in his complaint that he hired defendant Frank Iebba, doing business as Essex Engineering and Survey ("Iebba"), to complete a site plan for a parcel of land in Newton...

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