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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

LIMITATION OF ACTIONS - Conflict between limitation periods - Which limitation period applies

Thursday, July 20, 2017 @ 8:21 AM  

Appeal by the estate from a motion judge’s decision dismissing the estate’s action for damages for injuries. Twenty-three months after the deceased’s alleged slip and fall over damaged carpet in a rental unit, the estate had commenced an action against the respondent owner and manager of the apartment building for damages for injuries. On the eve of trial, the respondent moved to strike the claim on the basis the Superior Court had no jurisdiction to hear it. The motion judge dismissed the estate’s action, after concluding...