Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)

Citation: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Parent Document: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Jurisdiction: Massachusetts (state)
Effective Date: 2007-12-28
Original Source: https://www.courtlistener.com/opinion/8356738/cook-v-cullen/ ↗

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Finally, the Plaintiffs allege that the Defendants committed unfair and deceptive business practices in violation of G.L.c. 93A. The record does not support this claim. The Defendants addressed every issue raised by the Plaintiffs in the only punchlist submitted prior to closing. In the interest of appeasing of the Cooks, Old New England remedied a significant number of the issues, although they were not obligated to do so. Based on these good faith efforts, there is no evidence that the Defendants acted fraudulently or in bad faith when dealing with the Cooks. Moreover, this claim is barred by the four-year statute of limitations. See Clark v. Mead Realty Group, Inc., 67 Mass.App.Ct. 491, 499 (2006) (93A claim time-barred when filed more than four years after alleged wrong); Kirley v. Kirley, 25 Mass.App.Ct. 651, 655 (1988) (ongoing injuries following alleged wrongdoing did not toll statute of limitations). Because the Plaintiffs cannot sustain a 93A claim, summaiy judgment enters in favor of the Defendants on Count 5.3

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