Filippone v. Gatzunis

Sherman, PJ.

The plaintiff commenced this action in the Newton Division of the District Court Department to recover damages in the amount of $10,000.00. The defendant filed an answer and a compulsory counterclaim in the amount of $3,281.42. The court found for the defendant on his counterclaim in the amount of $2,985.42. For the purposes of this opinion, it is not necessary to discuss the merits of either the complaint or the counterclaim.

The plaintiff then filed a Notice of Appeal, pursuant to G.Lc. 231, §97, requesting that the case be removed to the Superior Court Department for trial by…