Fome Associates v. Palmer

The defendant appeals from a Superior Court (Dalianis, J.) decision granting the plaintiffs motion to allow late entry of its writ. We reverse.

In March 1981, the plaintiff, Fome Associates, brought an action in assumpsit, alleging that the defendant, Chester A. Palmer, had breached the parties’ contract for the lease of computer equipment. A writ of summons dated March 17, 1981, was served on the defendant, who entered an appearance shortly thereafter. The original writ was returned to the plaintiff’s counsel but was lost sometime prior to April 21, 1981. Counsel for the plaintiff failed to…