Pransky Sewing Machine Corp. v. Shawmut Bank of Boston, N.A.

The action is one to recover the damages sustained by the plaintiff when the defendant bank and an auctioneer employed by it allegedly converted a forklift owned by the plaintiff by selling the same at a public auction of the tangible assets of a bankrupt. The plaintiff has appealed from a summary judgment entered by the Superior Court in favor of both defendants. Mass.R.Civ.P. 56(b) and (c), 365 Mass. 824 (1974). By reason of their respective failures to respond to the plaintiff’s eighth request for an admission of fact in any of the ways contemplated by the second sentence of the second…