Heavey v. Maloof

The plaintiff, Richard Heavey, administrator with the will annexed of the estate of Adele H. Maloof, commenced a *260civil action against the defendant, David A. Maloof, in which he alleged that the defendant misappropriated funds from his late mother’s estate. The defendant filed a motion for summary judgment in which he asserted the action was barred by the three-year statute of limitations, G. L. c. 260, § 2A.2 In particular, the defendant asserted that his sister Suzanne Ayoub became aware of the facts necessary to trigger the statute of limitations no later than June 18, 1998, while she was…