Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)

Citation: Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
Parent Document: Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
Jurisdiction: Massachusetts (state)
Effective Date: 2001-05-13
Original Source: https://www.courtlistener.com/opinion/8354352/ruiz-v-pelson-realty-trust/ ↗

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The court grants summary judgment where there are no genuine issues of material fact and where the summary judgment record entitles the moving party to judgment as a matter of law. Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Community Nat’l Bank v. Dawes, 369 Mass. 550, 553 (1976); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating that there is no genuine issue of material fact on every relevant issue. Pederson v. Time, Inc., 404 Mass. 14, 17 (1989). However, this burden need not be met by affirmative evidence negating an essential element of the plaintiffs case, but may be satisfied by demonstrating that proof of that element is unlikely to be forthcoming at trial. See Flesner v. Technical Communications Corp., 410 Mass. 805, 809 (1991); Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991).

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