Elvira Chernovetz et al. v. LLC (2011)

MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT (No. 216)

The above-entitled motion for summary judgment, filed by the defendant, R.L. Construction, LLC, seeks summary judgment on Count Three of the Plaintiff's Second Substituted Complaint.

The motion was filed on January 5, 2011.   It was argued on April 18, 2011, before the Hon. Matthew E. Frechette.   Following the argument, Judge Frechette ordered the motion transferred to me because of my earlier memorandum of decision re the defendant's motion to strike (No. 141).   I have carefully reviewed the transcript of the April 18, 2011 argument before Judge Frechette.

The affidavit of the plaintiff, Elvira Chernovetz, attached to the plaintiff's memorandum in opposition, creates a genuine issue as to material fact.   The motion for judgment must consequently be denied.

Jon C. Blue

Judge of the Superior Court

Blue, Jon C., J.