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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)

Citation
Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019) 3.
Parent Document
Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-02-25

Full Text

903 chars
3. Harassment. The plaintiffs' complaint suggested that Bell "harass[ed]" them by sending them a cease and desist letter regarding DuLaurence's interactions with Bell's office staff. This vague and conclusory allegation, as the motion judge concluded, was insufficient to state a claim against the defendants. See Polay, 468 Mass. at 388. On appeal, the plaintiffs do not appear to argue that the cease and desist letter constituted harassment. Instead, they appear to assert that their harassment claims are supported by a letter that the motion judge stated was not part of the rule 12 (b) (6) motion. As that letter is not part of the record on appeal, we do not address it. See Currens v. Board of Assessors of Boston, 370 Mass. 249, 254 (1976) ("An appealing party may not by his brief attempt to place before an appellate court facts which are not stated or incorporated in the record on appeal").