Guarino v. Zyfers

The plaintiff Guarino obtained a summary judgment (Mass.R.Civ.P. 56, 365 Mass. 824 [1974]) entitling her to recover a $1,000 deposit from the defendant Zyfers which she had made in connection with the proposed purchase of real estate in Boston. Zyfers’ affidavit opposing summary judgment fails to raise any material disputed facts, and, therefore, the motion for summary judgment was correctly allowed. Community Natl. Bank v. Dawes, 369 Mass. 550, 553-556 (1976). O’Brion, Russell & Co. v. LeMay, 370 Mass. 243, 245 (1976). A. John Cohen Ins. Agency, Inc. v. Middlesex Ins. Co., 8 Mass. App. Ct.…