DeAndrade v. Schottenstein Bernstein Capital Group, Inc.

Williams, EJ.

Claiming damage resulting from an altercation with store employees, the plaintiff, Hilario DeAndrade (“DeAndrade”), filed suit against the liquidating agent for the store, Schottenstein Bernstein Capital Group, Inc.(“Schottenstein”). *6Schottenstein filed an answer to the amended complaint against it, following that answer with a motion to dismiss for untimely service under Mass. R Civ. E, Rule 4©. That motion was allowed. Because Schottenstein had filed an answer that did not expressly state that service was late under Rule 4®, DeAndrade claims Schotten-stein had waived that…