DeLano v. Milstein

Ralph DeLano, trustee of the G & R Realty Trust (the trust), brought an action to recover $25,000 in funds held by Stephen J. Milstein, who had been an attorney for the trust. One of the grounds of the complaint alleged that Mil-stein’s refusal to pay over the funds was a violation of G. L. c. 221, § 51. Milstein failed to respond, and a default judgment entered. The trust eventually obtained an assessment of damages, and judgment was entered for the trust.

General Laws c. 221, § 51, provides: “An attorney at law who unreasonably neglects to pay over money collected by him for and in behalf of…