Zimmerman v. Bogoff

This case involves the mutual obligations of parties to a joint venture and fellow shareholders in a close corporation. The issue of the proper remedy for a breach of those duties is also present. We also consider whether the plaintiff Atlas Design & Manufacturing Co., Inc. (Atlas Design), makes out a claim for violation of G. L. c. 93A, and whether the judge should have awarded prejudgment interest.

The defendant, Lester H. Bogoff, and the plaintiff, Robert L. Zimmerman, are 50% shareholders in BAB Atlas, Inc. (BAB Atlas), a Massachusetts close corporation, which since has failed. As a result…