Sanborn v. Hirsch

Tucker, Richard T., J.

These matters came on for hearing upon the Parties’ Cross Motions for Summary Judgment. After consideration of the memoranda, concise statements of facts, deposition transcripts, affidavits, other materials and the oral arguments of legal counsel for both parties, I find and order as follows.

Standards

Summary judgment shall be granted where there are no genuine issues as to any material fact and where the moving party is entitled to judgment as a matter of law. Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Community Nat’l Bank v. Dawes, 369 Mass. 550,…