Tergliafera v. Smith

In this matter, the plaintiff brought suit for breach of warranty of habitability, negligence and violation of Massachusetts General Laws, Chapter 93A. After trial, the Court entered judgmentfor the defendant on all counts, havingfound the litigation “frivolous.” Plaintiff filed a motion to vacate judgment, a motion for a new trial and opposition to defendant’s motion for attorney’s fees and costs. Plaintiff requested a report. It should be noted that plaintiff filed no Requests for Rulings of Law.

After hearing on the plaintiffs draft report, the trial judge mailed to the parties a signed…