Legal Opinion

Adelson, Golden & Loria, P.C. v. Kaitz

Massachusetts District Court, Appellate Division

Decided July 28, 1994Published

1Opinion of the CourtMerrick, J.

This is an action by the plaintiff law firm, as assignee of the rights of the buyers of a condominium, to recover real estate taxes from defendant Lorraine Kaitz (“Kaitz”), the seller in the transaction.

The case was submitted to the trial judge on a stipulation of the uncontroverted material facts and documents and constituted, therefore, a case stated. Rogers v. Attorney General, 347 Mass. 126, 130 (1964). In an action submitted on a case stated, requests for rulings of law have no standing. Eastern Restaurant Equip. Co. v. Tecci, 347 Mass. 148, 150 (1964). The duty of the trial judge is to…

2Cases cited7 opinions

  1. Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
  2. Rogers v. Attorney GeneralMassachusetts Supreme Judicial Court · 1964
  3. Silverblatt v. LivadasMassachusetts Supreme Judicial Court · 1960
  4. Western Massachusetts Theatres, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1968
  5. Town of Milton v. LaddMassachusetts Supreme Judicial Court · 1965

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