Legal Opinion

A.J. Desjardins Roofing Co. v. White City Shopping Center, L.P.

Massachusetts Superior Court

Decided April 8, 2005No. 0300947BPublished

1Opinion of the CourtMacDonald, J.

The motion is ALLOWED for the following reasons and subject to the following conditions:

1. This is an action brought to recover on a commercial roofing contract against a shopping center owner and the owner’s counterclaims against the contractor. The record is undisputed that because of the professional neglect of defendant’s predecessor counsel, the defendant failed to timely respond to discovery, despite protests of plaintiffs counsel and an order of this Court. Default judgment entered and a motion for assessment of damages is pending. The defendant filed this motion pursuant to…

2Cases cited3 opinions

  1. Berube v. McKesson Wine & Spirits Co.Massachusetts Appeals Court · 1979
  2. Richardson v. Nassau CountyDistrict Court, E.D. New York · 1999
  3. Town of Arlington v. State Tax CommissionMassachusetts Supreme Judicial Court · 1974

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