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HEAVEY v. MALOOF

SJC-10290

453 Mass. 259 (2009)

RICHARD HEAVEY, administrator, v. DAVID A. MALOOF.

Supreme Judicial Court of Massachusetts, Norfolk.

February 20, 2009.

Attorney(s) appearing for the Case

Bruce A. Kraft for the plaintiff.

Karen Friedman for the defendant.

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

SPINA, J.

The plaintiff, Richard Heavey, administrator with the will annexed of the estate of Adele H. Maloof, commenced a civil action against the defendant, David A. Maloof, in which he alleged that the defendant misappropriated funds from his late mother's estate. The defendant filed a motion for summary judgment in which he asserted the action was barred by the three-year statute of limitations, G. L. c. 260, §...

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