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LICATA v. GGNSC MALDEN DEXTER LLC.

SJC-11336

466 Mass. 793 (2014)

SALVATORE LICATA, JR., administrator, v. GGNSC MALDEN DEXTER LLC.

Supreme Judicial Court of Massachusetts, Suffolk.

January 13, 2014.

Attorney(s) appearing for the Case

Joseph M. Desmond ( Thomas T. Worboys with him) for the defendant.

Michael R. Rezendes ( Patricia J. Rezendes with him) for the plaintiff.

Kelly Bagby , of the District of Columbia, & Rebecca J. Benson & Debra Silberstein , for National Academy of Elder Law Attorneys (Massachusetts Chapter) & another, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

DUFFLY, J.

The plaintiff, Salvatore Licata, Jr., commenced this wrongful death action in the Superior Court as the administrator of the estate of his deceased mother, Rita Licata.2 The defendant nursing home operator moved to compel arbitration based on an arbitration agreement that Salvatore signed purportedly on his mother's behalf. Because we conclude that Salvatore lacked authority to execute an arbitration agreement on Rita's behalf...

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