Opinion
11-P-376
12-28-2011
MARK REZNIK v. RICHARD T. GARAFFO & others ; HELEN REZNIK, third-party defendant.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
We discern no merit in the plaintiff's appeal from the decision and order of the Appellate Division of the District Court Department dated January 14, 2011, which correctly and thoroughly explained, at pages seven through sixteen thereof, the absence of error in the denial of the plaintiff's motion, brought under Mass.R.Civ.P. 60(b)(4), 365 Mass. 828 (1974), for relief from the stipulation of dismissal voluntarily entered into among the parties on June 9, 2008. The decision and order of the Appellate Division is accordingly affirmed.
Though the plaintiff's motion was directed solely to Mass.R.Civ.P. 60(b)(4), the decision and order of the Appellate Division also explains that the plaintiff would not have been entitled to relief under any other subsection of rule 60(b).
So ordered.
By the Court (Green, Sikora & Wolohojian, JJ.),