Hugenberger v. Alpha Management Corp.

The plaintiffs appeal from a decision of the Appellate Division of the Boston Municipal Court Department (BMC) affirming the trial judge’s allowing the defendant’s motion for reconsideration and ordering the entry of judgment for the defendant. The trial judge concluded that “the failure to offer the [G. L. c.] 93A demand letter, proof of a required element in the plaintiffs’ case, was a fatal mistake.” The plaintiffs claim error in this mling on the ground that they were not required, in the circumstances, to offer the demand letter in evidence and that the failure to do so was not…