Silkey v. New England Telephone & Telegraph Co.

This is an action in which the plaintiff alleges he sustained damages as a result of the malicious abuse of process by the defendant. The plaintiff duly claimed a trial by jury. See Mass.R.Civ.P. 38(b), 365 Mass. 801 (1974). After filing its answer, the defendant was defaulted when its attorney failed to appear on the day setlarixial. Subsequently, the plaintiff filed a motion for assessment of damages by a jury (see Mass.R.Civ.P. 55[b][2], 365 Mass. 822 [1974]), and.Jdie-.defendant moved to remove the default (see Mass, R. Civ,£. 55[_c]) — A-jndge of the Superior Court denied the defendant’s…