Rockland Trust Co. v. Langone

The question before us is whether, pursuant to G. L. c. 218, §§ 19 and 19A, a District Court judge may grant a plaintiff’s motion to dismiss a compulsory counterclaim under Mass R. Civ. P. 12 (b) (10), as appearing in 450 Mass. 1403 (2008), because the counterclaim is reasonably likely to result in the recovery of more than $25,000. We conclude that the judge may not.

Background. The dispute between the parties stems from two promissory notes executed in 1984 and 1987 to Rockland Trust Company (Rockland) from the Aunyx Corporation, of which the defendant, Robert Langone, was a former officer…