Carney v. City of Springfield

The plaintiff, Michael P. Carney, appeals from a Superior Court judgment entered following allowance of a motion for summary judgment filed by the city of Springfield. The test whether a motion for summary judgment should be allowed is twofold: (1) whether after consideration of the pleadings, depositions, answers to interrogatories, and affidavits, a genuine issue of material fact exists; and (2) whether the moving party is entitled to judgment as a matter of law. Mass. R. Civ. P. 56 (c), 365 Mass. 824 (1974). The Superior Court judge, in this action in the nature of certiorari, as provided…