Opinion
No. 91-P-296.
July 22, 1992.
The order dismissing count 2 of the complaint is vacated, and that count is remanded for further proceedings consistent with the opinion of the Appeals Court on file. If the judge determines that, due to the passage of time, he is unable to resolve the material issues of fact on the basis of the evidence presented at trial, he may order a new trial on count 2. The orders on counts 1 and 3 are affirmed.