Tucker v. Papale-Keefe

This is an action brought by Attorney Thomas Tucker for the collection of fees owed for legal services rendered. The defendant has asserted counterclaims for malpractice, including negligence (I), breach of contract (II), deceit (III), and breach of fiduciary duty (IV), as well as unjust enrichment (V) and violation of G.L.c. 93A (VI). Plaintiff now moves for a partial summary judgment ruling pursuant to Mass.R.Civ.P. 56, that defendant’s recovery be limited to a set off of the plaintiffs claim for fees. For the following reasons, the plaintiffs motion for partial summary judgment is ALLOWED.…