CAHALY v. BENISTAR PROPERTY EXCHANGE TRUST COMPANY, INC.

SJC-10041

451 Mass. 343 (2008)

GAIL A. CAHALY v. BENISTAR PROPERTY EXCHANGE TRUST COMPANY, INC., & others (and six companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 2008.


Attorney(s) appearing for the Case

John R. Snyder (S. Elaine McChesney, James P. Lucking, & Doreen M. Rachal with him) for Merrill Lynch, Pierce, Fenner & Smith, Inc., & others.

Gary R. Greenberg (Jack E. Robinson & Brooks L. Glahn with him) for Benistar Property Exchange Trust Company, Inc., & others.

Charles Fried & Anthony R. Zelle (John E. O'Brien, Jr., & Colleen C. Cook with them) for the plaintiffs.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, & CORDY, JJ.


MARSHALL, C.J.

In this appeal we principally consider two questions: first, whether a Superior Court judge properly granted judgment notwithstanding the verdict (judgment n.o.v.) to a defendant on the ground of an "evidentiary gap" in the plaintiffs' claims, and second, whether she then properly vacated the judgment n.o.v. and allowed the plaintiffs' motions for a new trial based on "newly discovered evidence" that might close that gap. See Mass. R. Civ. P. 50(a)...

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