HERMANSON v. SZAFAROWICZ

SJC-10550

457 Mass. 39 (2010)

GLORIA HERMANSON v. MARK SZAFAROWICZ.

Supreme Judicial Court of Massachusetts, Worcester.

June 4, 2010.


Attorney(s) appearing for the Case

Mel L. Greenberg (Darragh K. Kasakoff with him) for the defendant.

Howard J. Potash for the plaintiff.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


BOTSFORD, J.

This case arose out of a boundary dispute between the plaintiff, Gloria Hermanson, and the defendant, Mark Szafarowicz. The issues on appeal, however, have little connection to the boundary dispute but concern a default judgment that entered against the defendant in 2007. We must address (1) whether there is a conflict between Mass. R. Civ. P. 54 (c), 365 Mass. 820 (1974), which provides that a default judgment may not exceed the amount claimed in the...

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