Legal Opinion

DeKarz v. V&V Roofing, Inc.

Massachusetts District Court, Appellate Division

Decided January 27, 1998PublishedCited by 4 opinions

1Opinion of the CourtMerrigan, J.

The defendant Vincent Vivenzio appeals pursuant to Rule 8A of the District/Municipal Rules for Appellate Division Appeals.

Vivenzio contends that it was error for the trial judge to deny his motion to set aside the default judgment against him. He asserts that his default notwithstanding, there was no evidence on which to enter a judgment against him personally. He further argues that the complaint does not, as a matter of law, contain factual allegations sufficient to warrant personal liability even if he defaulted.

Vivenzio was named in a suit along with V&V Roofing, Inc. against them in the…

2Cases cited2 opinions

  1. Productora E Importadora De Papel v. FlemingMassachusetts Supreme Judicial Court · 1978
  2. Multi Technology, Inc. v. Mitchell Management Systems, Inc.Massachusetts Appeals Court · 1988

3Cited by4 opinions

  1. Giuliano v. VaccaMassachusetts District Court, Appellate Division · 2004
  2. Demello v. Cape Cod Spas & Pools, Inc.Massachusetts District Court, Appellate Division · 2014
  3. Harvard 45 Associates, LLC v. BishayMassachusetts District Court, Appellate Division · 2015
  4. Lavoie v. CharbonneauMassachusetts District Court, Appellate Division · 2002

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