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BELLANTI v. BOSTON PUBLIC HEALTH COMMISSION

No. 06-P-1288.

70 Mass. App. Ct. 401 (2007)

ANTONIETTA BELLANTI, administratrix, v. BOSTON PUBLIC HEALTH COMMISSION.

Appeals Court of Massachusetts, Suffolk.

October 4, 2007.

Attorney(s) appearing for the Case

Christine M. Hayes for the defendant.

Andrew W. Pasquina (Paul R. Thebaud with him) for the plaintiff.

Present: Grasso, Berry, & Cohen, JJ.

COHEN, J.

In this appeal from the denial of the defendant's motion for summary judgment, we again consider whether a lawsuit brought pursuant to the Massachusetts Tort Claims Act, G. L. c. 258, founders on the shoals of the presentment requirement.2 Because it is undisputed that the plaintiff failed to make presentment upon the proper executive officer, as required by G. L. c. 258, &...

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