Piepul v. Bryson

Before the Superior Court lowered on the plaintiff the boom of a final judgment under Mass.R.Civ.P. 33(a), 368 Mass. 906 (1976), slightly more than five months had elapsed since service on the plaintiff of interrogatories by the defendants. When plaintiff’s counsel received notice of the entry of final judgment, he then acted with relative alacrity and, within two weeks, filed a motion to vacate judgment, accompanied by answers to the defendants’ interrogatories. The Superior Court judge, on the basis of the criteria discussed in Berube v. McKesson Wine & Spirits Co., 7 Mass. App. Ct. 426,…