Massachusetts Superior Court January 20, 1999, No. 9702240 (Estate of Talarico v. City of Cambridge)

Neel, J.

Plaintiff, the Estate of Joseph P. Talarico, Jr., brought this action against its decedent’s former employer, the City of Cambridge ("the City”) and its Director of Personnel, Michael Gardner, seeking payment for compensatory time. Defendants move to dismiss Count V (violation of G.L.c. 149, §52C) and Count VI (violation of G.L.c. 93A). At issue is whether G.L.c.