BAILEY v. SABATINI


2007 Mass. App. Div. 201 (2007)

William Bailey v. Vincent Sabatini

Massachusetts Appellate Division, Southern District.

December 12, 2007.


Attorney(s) appearing for the Case

No brief filed for the plaintiff.

Kathryn N. Sullivan for the defendant.

Present: Welsh, Barrett & Merrick, JJ.


Welsh, J.

The defendant seeks review of the denial of his Mass. R. Civ. P., Rule 60(b), motion for relief from judgment. The defendant was defaulted upon his failure to appear and defend at trial. Following default, judgment was entered in the sum of $4,728.50, plus prejudgment interest and costs. Specifically, the defendant contends that due to an error by the trial court clerk's office, he never received notice of either the assignment of a trial date, or the entry...

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