Bank of America, N.A. v. Sheehy

This is an appeal of the allowance of a motion for summary judgment for Bank of America, NA., plaintiff-creditor, granted to it in a case involving its claim for the alleged unpaid credit card balance. At the same hearing, defendant-debtor Francis Sheehy’s motion to dismiss the complaint for failure to state a claim upon which relief may be granted was denied. Mass. R. Civ. R, Rule 12(b) (6). That denial has also been appealed.

“Review of a grant or denial of summary judgment involves the same standard employed initially by the trial court.” Agostini v. Pilgrim Ins. Co., 2008 Mass. App. Div.…