Simon v. National Union Fire Insurance

The plaintiff, Franklin Simon (Simon), trustee of the 125 Sea Street Nominee Trust (Trust), appeals from a summary judgment entered in favor of the defendant, National Union Fire Insurance Company of Pittsburgh, PA (National). All the relevant materials that were before the motion judges are also before us on appeal. “In this posture, for purposes of our review, we look at a trial judge’s decision to allow a motion for summary judgment, albeit useful, as a ‘nondispositive prelude.’ ” Harrison v. Boston Financial Data Servs., Inc., 37 Mass. App. Ct. 133, 133 n.l (1994).

*351On April 28, 1995, a…