· 1/14/1976
Community National Bank v. Dawes
Citations
- 340 N.E.2d 877
- 369 Mass. 550
- 18 U.C.C. Rep. Serv. (West) 723
- 1976 Mass. LEXIS 861
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- refusing to reverse decision granting summary judgment where non-moving party presented no specific facts to support hypothetical allegations
- moving party must show by “credible evidence from his affidavits and other supporting materials that there is no genuine issue of material fact and that he is entitled, as a matter of law, to a judgment”
- stating court grants motion for summary judgment where moving party has carried its burden and plaintiff has not responded with specific facts to establish a triable issue
- “[Rule 11] imposes an obligation on attorneys ... to ensure that sham pleadings are not employed”
- non- moving party must “present ‘specific facts which establish that there is a genuine, triable issue’ ”
- to survive summary judgment nonmoving party must do more than “rest upon the mere allegations or denials of his pleading”
Source: CourtListener parenthetical corpus (CC0).
Judges: Quirico, Braucher, Hennessey, Kaplan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.