NIEN-HSI HSU v. WILKINS

No. 09-P-1323.

77 Mass. App. Ct. 184 (2010)

NIEN-HSI HSU v. ANN MARIE WILKINS & others.

Appeals Court of Massachusetts, Middlesex.

July 2, 2010.


Attorney(s) appearing for the Case

David R. Kerrigan for the defendants.

John A. Taylor for the plaintiff.

Present: GREEN, GRAINGER, & MILKEY, JJ.


GRAINGER, J.

A failed real estate transaction that has spawned previous litigation is now the genesis of a reservation and report of the following question of law by a judge of the Superior Court: "In a `false return' case against a process server, what standard of conduct/scienter is to be applied?" We conclude that the report should be discharged.

Background. The seller, Nien-Hsi Hsu, and the buyers, Ann Marie Wilkins, and Bruce J. Embry, as trustee...

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