Apple D'Or Tree, Inc. v. Webster-Dudley Sand & Gravel, Inc., 24 Mass. L. Rptr. 49 (2008)

Citation: Apple D'Or Tree, Inc. v. Webster-Dudley Sand & Gravel, Inc., 24 Mass. L. Rptr. 49 (2008)
Parent Document: Apple D'Or Tree, Inc. v. Webster-Dudley Sand & Gravel, Inc., 24 Mass. L. Rptr. 49 (2008)
Jurisdiction: Massachusetts (state)
Effective Date: 2008-05-16
Original Source: https://www.courtlistener.com/opinion/8356824/apple-dor-tree-inc-v-webster-du... ↗

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Summary judgment will be granted where there are no genuine issues of material fact and where the moving party is entitled to judgment as a matter of law. Mass.R.Civ.P. 56(c); Cassesso v. Comm'r of Corr., 390 Mass. 419, 422 (1983). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, and that the summary judgment record entitles the moving party to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989). The moving party may satisfy this burden either by submitting affirmative evidence that negates an essential element of the opposing party’s case or by demonstrating that the opposing party has no reasonable expectation of proving an essential element of his case at trial. Flesner v. Technical Commc’ns Corp., 410 Mass. 805, 809 (1991); Kourouvacilis v. Gen. Motors Corp., 410 Mass. 706, 716 (1991). The court will interpret all inferences in the light most favorable to the nonmoving party. Parent v. Stone & Webster Eng’g Corp., 408 Mass. 108, 113 (1990). The opposing party, however, cannot rest on mere assertions of disputed facts from his pleadings to defeat the motion for summary judgment. LaLonde v. Eissner, 405 Mass. 207, 209 (1989). II. Rule of Dependent Covenants

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