On March 18, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Yatsenick, Joal,
Yatsenick, Rick,
and
Curley, Stacey,
David Dillon Dba,
Edgar, Charles,
Old Wharf Village Llc,
for Torts
in the District Court of Barnstable County.
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COMMONWEALTH OF MASSACHUSE
DEPARTMENT OF THE TRIAL COURT
BARNSTABLE, ss.
SUPERIOR COURT DEPARTMENT ——— ——g
CIVIL ACTION NO 1372CV00125
frAfi8
RICK YATSENICK AND JOAL YATSENICK,
Plaintiffs,
Case hk
by HAL aout, (Gildea 9)
* Ciatiol i lotto
V|
OLD WHARF VILLAGE, LLC, Asok- Clark )
CHARLES EDGAR, DAVID DILLON 12 “O av
D/B/A/ DILLON REAL ESTATE, and ot Lu
STACEY CURLEY, ( ju! L
Defendants.
pt
DEFENDANTS’, OLD WHARF VILLAGE, LLC AND CHARLES EDGAR,
MOTION IN LIMINE TO EXCLUDE EVIDENCE OF OTHER ALLEGED
MALFEASANCE OF THE DEFENDANTS
The Defendants, Old Wharf Village, LLC (“OWV”) and Charles Edgar (collectively
“Defendants”), by and through counsel, hereby respectfully move in limine to exclude evidence
of other alleged malfeasance of the Defendants. The Plaintiffs elicited testimony in depositions
about OWV’s construction delays and its alleged failure to provide various amenities at the
OWV complex such as the pool, hot tub, and designated parking. They also elicited testimony
about alleged failures of OWV to comply with certain conditions of the Special Permit issued by
the Town of Dennis following a Zoning Board of Appeal meeting on May 2, 2011, such as
maintaining a guest register and providing linens and mail service. The Plaintiffs appear to want
to use evidence of these alleged deficiencies to tarnish the Defendants’ credibility, but none of
these alleged deficiencies bear any relation to the Plaintiffs’ claims. The Plaintiffs’ claims arisefrom the Defendants’ alleged misrepresentations during the sale of their unit about the permitted
use of the property nearly one year before the Special Permit issued. Substantively, there is no
nexus between a failure to disclose or misrepresentation and these other alleged deficiencies.
Thus, the probative value of these alleged “bad acts” would be substantially outweighed by
unfair prejudice to the Defendants. Mass. G. Evid. §§ 402-03 at 35. See Commonwealth v.
Helfant, 398 Mass. 214, 225 (1986).
WHEREFORE, the Defendants request that the court exclude evidence of the Defendants’
failure to comply with conditions of the Special Permit that do not directly relate to the Plaintiffs,
and to exclude evidence of the Defendants’ alleged constructions delays and failures to provide
amenities at the complex.
DATED: March 14, 2018
Respectfully submitted,
OLD WHARF VILLAGE, LLC and
CHARLES EDGAR,
By their attorneys,
Dj Perkins, Esq. BBO# 561909
Lynne M. Chiodo, Esq. BBO# 657428
DP Law
619 High Street, Suite 103
Dedham, MA 02026
(781) 326-6320
dp@djunaperkinslaw.com
Ichiodo@djunaperkinslaw.comCERTIFICATE OF SERVICE
I hereby certify that on March 14, 2018, I served a true and correct copy of this document
upon all counsel of record via email and) irst-clas mailg, Dis} te .
Dr
Djana E. Rerkins)
Document Filed Date
November 19, 2018
Case Filing Date
March 18, 2013
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COMMONWEALTH OF MASSACHUSE DEPARTMENT OF THE TRIAL COURT BARNSTABLE, ss. SUPERIOR COURT DEPARTMENT ——— ——g CIVIL ACTION NO 1372CV00125 frAfi8 RICK YATSENICK AND JOAL YATSENICK, Plaintiffs, Case hk by HAL aout, (Gildea 9) * Ciatiol i lotto V| OLD WHARF VILLAGE, LLC, Asok- Clark ) CHARLES EDGAR, DAVID DILLON 12 “O av D/B/A/ DILLON REAL ESTATE, and ot Lu STACEY CURLEY, ( ju! L Defendants. pt DEFENDANTS’, OLD WHARF VILLAGE, LLC AND CHARLES EDGAR, MOTION IN LIMINE TO EXCLUDE EVIDENCE OF OTHER ALLEGED MALFEASANCE OF THE DEFENDANTS The Defendants, Old Wharf Village, LLC (“OWV”) and Charles Edgar (collectively “Defendants”), by and through counsel, hereby respectfully move in limine to exclude evidence of other alleged malfeasance of the Defendants. The Plaintiffs elicited testimony in depositions about OWV’s construction delays and its alleged failure to provide various amenities at the OWV complex such as the pool, hot tub, and designated parking. They also elicited testimony about alleged failures of OWV to comply with certain conditions of the Special Permit issued by the Town of Dennis following a Zoning Board of Appeal meeting on May 2, 2011, such as maintaining a guest register and providing linens and mail service. The Plaintiffs appear to want to use evidence of these alleged deficiencies to tarnish the Defendants’ credibility, but none of these alleged deficiencies bear any relation to the Plaintiffs’ claims. The Plaintiffs’ claims arisefrom the Defendants’ alleged misrepresentations during the sale of their unit about the permitted use of the property nearly one year before the Special Permit issued. Substantively, there is no nexus between a failure to disclose or misrepresentation and these other alleged deficiencies. Thus, the probative value of these alleged “bad acts” would be substantially outweighed by unfair prejudice to the Defendants. Mass. G. Evid. §§ 402-03 at 35. See Commonwealth v. Helfant, 398 Mass. 214, 225 (1986). WHEREFORE, the Defendants request that the court exclude evidence of the Defendants’ failure to comply with conditions of the Special Permit that do not directly relate to the Plaintiffs, and to exclude evidence of the Defendants’ alleged constructions delays and failures to provide amenities at the complex. DATED: March 14, 2018 Respectfully submitted, OLD WHARF VILLAGE, LLC and CHARLES EDGAR, By their attorneys, Dj Perkins, Esq. BBO# 561909 Lynne M. Chiodo, Esq. BBO# 657428 DP Law 619 High Street, Suite 103 Dedham, MA 02026 (781) 326-6320 dp@djunaperkinslaw.com Ichiodo@djunaperkinslaw.comCERTIFICATE OF SERVICE I hereby certify that on March 14, 2018, I served a true and correct copy of this document upon all counsel of record via email and) irst-clas mailg, Dis} te . Dr Djana E. Rerkins)