DOYLE v. BALTAKS


2007 Mass. App. Div. 43 (2007)

Robert P. Doyle v. William J. Baltaks, and another

Massachusetts Appellate Division, Northern District.

April 27, 2007.


Attorney(s) appearing for the Case

Alan H. Aaron for the plaintiff.

Robert J. Jachowicz for the defendants.

Present: Coven, Curtin & Brennan, JJ.


Curtin, J.

Plaintiff Robert P. Doyle ("Doyle") has appealed the allowance of the defendants' Mass. R. Civ. P., Rule 12(b) (6), motion to dismiss his complaint on the ground of res judicata.

Doyle is the former tenant of defendants William J. and Phyllis Baltaks (the "Baltaks"), who brought a summary process action against him in 2002 to recover unpaid rent and possession of the premises. Doyle filed a counterclaim in the 2002 action alleging that the premises...

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