Legal Opinion · Concurrence

Cybulski v. Vaiani

Massachusetts Appeals Court

Decided October 13, 2009No. 08-P-1030Published

1ConcurrenceGreen, J.

I agree with the result reached by the majority opinion, affirming the judgment of the Superior Court confirming the arbitral award. Under the reasoning of Abraham-Copley Square Ltd. Partnership v. Badaoui, 72 Mass. App. Ct. 339 (2008), it is clear that (contrary to the plaintiff’s argument) venue was proper in the Superior Court in Middlesex County.

I decline, however, to join the broader rule imposed by the majority opinion: that a motion to confirm an arbitral award in the circumstances of this case may only be brought in the Superior Court in Middlesex County.

As the majority correctly…

2Cases cited1 opinion

  1. Abraham-Copley Square Ltd. Partnership v. BadaouiMassachusetts Appeals Court · 2008

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