MONTANEZ v. 178 LOWELL STREET OPERATING COMPANY, LLC

No. 16-P-1647.

95 Mass. App. Ct. 699 (2019)

SANDRA MONTANEZ, personal representative, v. 178 LOWELL STREET OPERATING COMPANY, LLC.

Appeals Court of Massachusetts, Middlesex.

July 31, 2019.


Attorney(s) appearing for the Case

Krzysztof G. Sobczak for the plaintiff.

Joseph M. Desmond ( Justin L. Amos also present) for the defendant.

Present: GREEN, RUBIN, & HANLON, JJ.


The plaintiff, Sandra Montanez, appeals from the judgment of dismissal of her G. L. c. 93A claim pursuant to Mass. R. Civ. P. 12(b)(6), 365 Mass. 754 (1979). On appeal, we take the allegations in the complaint as true, drawing all reasonable inferences in favor of the plaintiff. See Fairneny v. Savogran Co.,

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