DiBiase Corp. v. Jacobowitz

This case came before the court on our granting the plaintiff’s application for further appellate review.

For the reasons set forth by the Appeals Court in its careful opinion, the judgment of the Superior Court must be reversed. See DiBiase Corp. v. Jacobowitz, 43 Mass. App. Ct. 361 (1997). In particular, we agree with the Appeals Court that G. L. c. 183A is essentially an enabling act, Tosney v. Chelmsford Village Condominium Ass’n, 397 Mass. 683, 686-687 (1986), to be interpreted flexibly where the statute does not specifically address the issue in question, in this case the application of…