KNAPP v. NEPTUNE TOWERS ASSOCIATES

No. 07-P-1744.

72 Mass. App. Ct. 502 (2008)

RUSSELL S. KNAPP & others v. NEPTUNE TOWERS ASSOCIATES & others.

Appeals Court of Massachusetts, Suffolk.

September 2, 2008.


Attorney(s) appearing for the Case

Joseph F. Hardcastle for the plaintiffs.

Joseph J. Balliro, Jr., for the defendants.

Present: GRASSO, SMITH, & TRAINOR, JJ.


SMITH, J.

In September, 2003, the plaintiffs, class A limited partners of Neptune Towers Associates (Neptune), filed an action in the Superior Court alleging four counts of breach of fiduciary duty against Neptune's general partners (general partners) and its attorney, William Bailey. The defendants answered and filed a counterclaim in January, 2005, alleging abuse of process, civil conspiracy, and defamation.

In July, 2006, the parties filed cross motions...

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