Berish v. Bornstein, 437 Mass. 252 (2002)

Citation: Berish v. Bornstein, 437 Mass. 252 (2002)
Parent Document: Berish v. Bornstein, 437 Mass. 252 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-06-28
Original Source: https://www.courtlistener.com/opinion/6578538/berish-v-bornstein/ ↗

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c. The master’s report. We next turn to the appeals from the master’s amended report. A master is a person “appointed by the court to hear evidence in connection with any action and report facts.” Mass. R. Civ. P. 53 (a), as appearing in 386 Mass. 1237 (1982). The parties agreed in a joint motion that “[t]he hearing on the merits shall be on a facts final basis.” We accept the master’s subsidiary findings of fact unless they are clearly erroneous. Mass. R. Civ. P. 53 (h) (1), appearing in 386 Mass. 1237 (1982). Pollock v. Marshall, 391 Mass. 543, 554 & n.9 (1984), citing Chase v. Pevear, 383 Mass. 350, 359 (1981). To the extent that the master’s ultimate findings are conclusions of law, they are subject to independent judicial review. Lucey v. *269Hero Int’l Corp., 361 Mass. 569, 571 (1972). “We must apply our own view of the law, and we must consider whether the master’s general findings, on a correct view of the law, are consistent with his subsidiary findings.” Chase v. Pevear, supra at 359-360.

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