Phyllis Ndoro v. Maritza Torres (2024)

Citation: Phyllis Ndoro v. Maritza Torres (2024)
Parent Document: Phyllis Ndoro v. Maritza Torres (2024)
Jurisdiction: Massachusetts (state)
Effective Date: 2024-12-11
Original Source: https://www.courtlistener.com/opinion/10291534/phyllis-ndoro-v-maritza-torres/ ↗

Full Text

1,078 chars

[2] The trial judge found that the facts of the case did not rise to the level of a G. L. c. 93A violation.  As for the remaining counterclaims, Torres expressly waived her breach of quiet covenant counterclaim at the trial, and did not reference, let alone argue, the claim in her motion for reconsideration.  As such, Torres cannot now claim error in the judge's failure to rule on a counterclaim she had expressly disavowed.  See Flood v. Southland Corp., 416 Mass. 62, 64 n.2 (1993).  Torres does not contest as error the adverse finding on her retaliation claim on appeal, and thus, that counterclaim is also not before us.  See King v. Driscoll, 418 Mass. 576, 585 n.8 (1994), S.C., 424 Mass. 1 (1996) (substantive claims not addressed in brief are waived).  Finally, although Torres appealed from the order denying her motion to reconsider the judgment on the c. 93A claim, she did not raise any separate argument in her briefs about the order.  Any issues relating to the ruling are thus waived.  See Mass. R. A. P. 16 (a) (9) (A), as appearing in 481 Mass. 1628 (2019).

Other Sections in This Document (44)

Full Text