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Court Case Record ANTHONY DINARDO vs. VALERIE J. DINARDO 2011-J-0084 UID(fb20)


ANTHONY DINARDO vs. VALERIE J. DINARDO Court Case Record

Court Case Number: 2011-J-0084


 
Case Number2011-J-0084
Case TitleANTHONY DINARDO vs. VALERIE J. DINARDO
Case TypeCivil
StateMassachusetts, MA
CountyLand
CourtLand Court
Court Address
Phone
Field Date02/28/2011
Close Date03/04/2011

Parties

CounselNameType
Mark E. Burke, Esquire Nicholas J. Di Mauro, EsquireAnthony DinardoPlaintiff/Petitioner
David H. Appleyard, Esquire Michael J. Ring, EsquireValerie J. DinardoDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
02/28/2011 #1 Petition pursuant to M.G.L. c. 231, ยง 118 with attachments, filed by Anthony Dinardo.
03/04/2011 #2 ORDER: Having reviewed the parties' written submissions, I can appreciate the petitioner's view that his sister has received the entirety of her share of the sale proceeds, as determined by the Commissioner's Account in the amount of $115,370.42, while only his share of the proceeds (less $50,000) has been put in escrow pending determination of offsets. That being said, however, this is an equitable action for partition, there were verified allegations before the judge as to the sister's claim for offsets, there was nothing to suggest that petitioner had comparable offsets or that, even if he did, his sister's equity in the house would not be available to secure their payment. On the record before me, it has not been made to appear that the judge abused his discretion or otherwise erred in denying the petitioner's motion to release the remaining escrowed funds. The petition is denied, as is the defendant's request for counsel fees.(Lenk, J.) Notice/attest/Trombly, J./image