North Shore Plaza II, Inc. v. Northshore Mall Salon, Inc.

The plaintiff in this matter, North Shore Plaza II, Inc. (“North Shore Plaza”), filed this expedited appeal pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8A. North Shore Plaza appeals the trial judge’s allowance of a motion by the defendant, Northshore Mall Salon, Inc., d/b/a Dellaria Salon (“Dellaria”), to dismiss North Shore Plaza’s complaint for failure to state a claim for relief under Mass. R. Civ. P., Rule 12 (b) (6) ,2 The judgment of dismissal was entered on August 23, 2006. The issue is whether the trial judge erred in allowing Dellaria’s motion to dismiss North Shore Plaza’s claim.

We…