Legal Opinion

Altieri v. Bothner

Massachusetts Superior Court

Decided January 5, 1996No. CA 87021951Published

1Opinion of the CourtKottmyer, J.

The Plaintiff, David Altieri (“Altieri”), has moved to vacate an order dismissing his appeal. Plaintiffs Motion to Vacate Judgment of Dismissal is DENIED for the following reasons.

STATEMENT OF FACTS

The undisputed facts are as follows. On October 13, 1984, the plaintiff was injured as a result of an accident in which Henry P. Bothner (“Bothner”), now deceased, was driving a car which hit plaintiff who was on a motorcycle. On December 18, 1984, Bothner conveyed his interest in his residence located at 408 Mount Elam Road, Fitchburg, Massachusetts, to his son, Wallace A. Bothner without…

2Cases cited4 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Chavoor v. LewisMassachusetts Supreme Judicial Court · 1981
  3. Spadorcia v. South Shore Oral Surgery Associates, Inc.Massachusetts Appeals Court · 1984
  4. Holmes v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1964

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