Cohen v. State Street Bank & Trust Co.

I respectfully dissent from that portion of the majority opinion that affirms the grant of summary judgment on the plaintiff Harold Cohen’s claims of breach of fiduciary duty, breach of contract, and breach of the implied covenant of good faith and fair dealing. It is important to remember that we are reviewing the allowance of a motion for summary judgment, where we, and the motion judge, can rely on facts that are undisputed, and disputed facts must be reviewed in the light most favorable to the non-moving party (Cohen). See Nelson v. Salem State College, 446 Mass. 525, 535 (2006). See…