Harold Nadler v. Baybank Merrimack Valley, N.A.

I suspect that a common reaction to the majority opinion will be to wonder why the Nadlers did not respond to BayBank’s motion for summary judgment with the expert testimony of a professional furniture liquidator or simply with stronger, more specific affidavits of their own — in essence, with a stronger case. It appears that it would have been a relatively simple task to have done so, which may explain the tone of annoyance that pervades the majority opinion. But before criticizing how well the Nadlers performed their task, we must be fully cognizant of our own: not to determine if the…