Massachusetts Supreme Judicial Court June 25, 2009 (Benoit v. Frederickson)

Cordy, J.

(concurring, with whom Marshall, C.J., and Botsford, J., join). I agree with the court that the defendants are entitled to an interlocutory appeal from the judge’s denial of their special motion to dismiss, even though a favorable ruling on that appeal will not end the litigation because of the presence of counterclaims.