Party Statement: Yatsenick, Rick et al vs. Old Wharf Village LLC et al

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GOPRBRODAVGGUAH OF MASSACHUSETTS
BARNSTABLE, SS

STABLE, sk. : SUPERIOR COURT DEPARTMENT
Filed | DEC 97 2018 CIVIL ACTION NO. 1372CV00125

 

 

RICK YATSENIC all ht Pee Gia

YATISENICK

Vv.

OLD WHARF VILLAGE, LLC,

c
D/B
STA

 

 

 

Plaintiffs,

RLES EDGAR, DAVID DILLON
‘A DILLON REAL ESTATE, and
CEY CURLEY,

Defendants.

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—j| CC”)

AF

FIDAVIT OF ATTORNEY BRIAN K. GALLETTA IN SUPPORT OF PLAINTIFFS’
MOTION FOR A NEW TRIAL

I, Brian K. Galletta, am counsel of record for the Plaintiffs in this action, and have
personally handled the Plaintiffs’ case since its inception. Throughout the trial
proceedings, I served as co-counsel with Attorney Kevin F. Bowen. I make this affidavit
based upon my personal knowledge of the facts as set forth in the record.

2. In support thereof, I state that the grounds for a new trial are based solely on the facts set

forth in the record as reflected in the Plaintiffs’ Motion for a New Trial and Supporting
Memorandum. These grounds, as thoroughly briefed in the Plaintiffs’ supporting
Memorandum, include but are not limited to the following:

a. The Plaintiffs were deprived of their constitutional right to a jury trial by the -
Court’s failure to accurately charge the jury, both factually and legally, in regards
to the Plaintiffs’ breach of contract claim.

b. The jury instructions prejudiced the Plaintiffs as they also infected the Plaintiffs’
93A count.

c. The jury’s finding that there was no violation of Chapter 93A was not supported
by the weight of the evidence, established law, and the jury’s own factual
findings. :d. The jury’s finding that the Plaintiffs did not reasonably rely upon the Defendants’
misrepresentations is not supported by the overwhelming weight of the evidence
and applicable law.

e. The allowance of the reading of a part of the Plaintiff's deposition testimony,
absent notice prior to trial was clearly erroneous, severely prejudiced the Plaintiffs
and was tantamount to trial by ambush.

f. The Court failed to instruct the jury in regards to Mr. Edgar’s personal liability.

g. It was palpable error for the court to exclude other unit owners’ testimony with
regards to establishing a common pattern or scheme with reference to the
Defendants’ fraudulent conduct.

3. Ihereby state that any and all facts and allegations of errors of law are fully set forth and
contained within the record to the best of my knowledge.

Signed under the pains and penalties of perjury, this _/ Sday of December, 2018

Brian K. cs Esq.

_ B.B.O. #566078
25 Lady Slipper Drive
Plymouth, MA 02360
Phone: (508) 591-7303
Fax: (508) 746-1817
Email: bkglegal@gmail.com

CERTIFICATE OF SERVICE

of all known parties herein by causing a copy to be delivered by first class mail this_/3% day of

December, 2018. c

Brian K. Galletta, Esq.
B.B.O. #566078

25 Lady Slipper Drive
Plymouth, MA 02360
Phone: (508) 591-7303

Fax: (508) 746-1817
Email: bkglegal@gmail.com

I al i certify that a true copy of the forgoing document was served upon the attorney of record