Massachusetts Appeals Court November 12, 2003, No. 02-P-507 (Equipment & Systems for Industry, Inc. v. Northmeadows Construction Co.)

We agree with the Superior Court judge’s determination that the plaintiff’s complaint does not set forth a cause of action, and that dismissal pursuant to Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), was appropriate.

We take as true the “allegations of the complaint, as well as such inferences as may be drawn therefrom in the plaintiff’s favor.” Blank v. Chelmsford Ob/Gyn, P.C., 420 Mass.