QUINN v. MORGANELLI

No. 07-P-1804.

73 Mass. App. Ct. 50 (2008)

KATHERINE E. QUINN v. CARMINE MORGANELLI & another.

Appeals Court of Massachusetts, Suffolk.

October 28, 2008.


Attorney(s) appearing for the Case

Kathleen M. Curry for the plaintiff.

Michael P. Johnson for the defendants.

Present: CYPHER, COHEN, & FECTEAU, JJ.


COHEN, J.

In this premises liability action, the plaintiff appeals from the allowance by a judge of the Superior Court of the defendants' motion for summary judgment. We conclude that there remain genuine issues of material fact and that the case should not have been resolved as matter of law.

Background. Viewing the summary judgment record in the light most favorable to the plaintiff, see Augat, Inc. v. Liberty Mut. Ins. Co., ...

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