Grant v. Dibitetto

This is a Dist./Mun. Cts. RAD. A, Rule 8A appeal by the plaintiff of the denial of his G.L.c. 231, §104 post-judgment request to remove this action to the Superior Court Department for trial by jury.

The plaintiff commenced this action in the Lowell Division of the District Court Department to recover for the defendants’ breach of contract. After a lengthy period of default, the defendants were permitted to remove said default and file an answer and counterclaim. It is undisputed that the defendants’ counterclaim sought damages in an amount less than $25,000.00.4 After trial, the court made a…