Conant v. Kantrovitz

The defendant presented a motion to dismiss the plaintiff’s complaint in the Boston Municipal Court alleging in support three grounds: (1) insufficiency of service of process, Dist.Mun. Cts.R.Civ.P. 12(b)(5) (1975); (2) failure to state a claim upon which relief could be granted, rule 12(b)(6); and (3) pendency of a prior action in a court of the Commonwealth, rule 12(b)(9). A judge allowed the motion without opinion, and a judgment was entered dismissing the action. The Boston Municipal Court Appellate Division affirmed and dismissed the report. We reverse.

The judge was not obligated to…