Massachusetts Appeals Court January 5, 1979 (Friedman v. DeLuca)

One of the questions raised by the plaintiff’s appeal from the final judgment is as to the propriety of the order denying the plaintiffs motion for summary judgment in its entirety. See the second paragraph of Mass.R.A.P. 3(a), 365 Mass. 846 (1974). For the purposes of that motion it was established by the defendant’s answers to interrogatories Nos. 3 through 8,10, 11 and 19 and by pars.