Sweda International, Inc. v. Donut Maker, Inc.

The defendant appealed from a summary judgment which was entered against it in the Superior Court on the basis of the prima facie effect of an earlier finding for the plaintiff in a District Court. See G. L. c. 231, §§ 104 and 102C, as appearing in St. 1978, c. 478, §§ 263 and 262, respectively; O’Brion, Russell & Co. v. LeMay, 370 Mass. 243, 243-244 (1976). 1. The lone affidavit submitted by the defendant in opposition to the plaintiff’s motion was deficient because it failed to recite that it was “made on [the] personal knowledge” of the affiant or to “show affirmatively that the affiant is…