George A. Fuller Co. v. Sanford Sons

Full title: GEORGE A. FULLER Co., INC. vs. NELSON J. SANFORD SONS, INC. others

Court: Appeals Court of Massachusetts

Date published: Mar 28, 1977

360 N.E.2d 1281 (Mass. App. Ct. 1977)

360 N.E.2d 1281

Opinion

March 28, 1977.

James J. Myers ( William A. Zucker with him) for the plaintiff.

Sally A. Corwin for the defendants.

A recent case, School Comm. of Agawam v. Agawam Educ. Assn. 371 Mass. 845 (1977), held that the "judgment" entered in that case in the lower court denying an application to stay an arbitration proceeding was not a final judgment subject to appeal but was in effect an interlocutory order. The conclusion was based on the provisions of G.L.c. 150C, § 16. We cannot accept any of the plaintiff's arguments to the effect that a different result should obtain under the identical provisions of G.L.c. 251, § 18. The Agawam case controls the appeal in this case.

Appeal dismissed.