Reply/Sur-reply to plaintiffs' opposition to discharge attachment Applies To: Old Wharf Village LLC (Defendant) - Yatsenick, Rick et al vs. Old Wharf Village LLC et al

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On March 18, 2013 a malpractice - other case was filed by Yatsenick, Joal, and Yatsenick, Rick, represented by Bowen, Esq., Kevin F, Galletta, Esq., Brian K, and Price, Esq., Eric, against Curley, Stacey, David Dillon Dba, Edgar, Charles, and Old Wharf Village Llc, represented by Bellas, Esq., Jeffrey, Chiodo, Esq., Lynne M, Duggan, Esq., Stephen J, Harsch, Esq., David Randall, and Perkins, Esq., Djuna E, in the jurisdiction of Barnstable County. Judge Mark C. Gildea presiding.

                        
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                          FILED; JAN 1 2019
COMMONWEALTH OF MASSACHUSETTS

De ae ,
BARNSTABLE, ss. SUPERIOR COURT] DEPARMENT=+ Clark
C.A. No. BACV2013-00125-—————_____|

 

 

 

RICK YATSENICK & JOAL YATSENICK,
Plaintiffs,
v.

OLD WHARF VILLAGE, LLC, and CHARLES
EDGAR, DAVID DILLON D/B/A DILLON
REAL ESTATE and STACEY.CURLEY

Defendants °

 

DEFENDANTS’ REBUTTAL TO PLAINTIFFS’ OPPOSITION TO DEFENDANT, OLD
WHARF VILLAGE, LLC’S, MOTION TO DISCHARGE ATTACHMENT

 

Defendant, Old Wharf Village, LLC, submits the following rebuttal to the Plaintiffs’
Opposition to the Defendant, Old Wharf Village, LLC’s, Motion to Discharge Attachment, along

-with supporting affidavit:

1, The “new fact” on which the Defendants rely in arguing that continuing the attachment is

unfair and excessive—and a very significant one—is a clear and unequivocal verdict in
favor of the Defendants. G.L. ¢. 223, §114.

2. The Plaintiffs’ opposition reflects a fundamental misunderstanding of the legal claims of

intentional misrepresentation an…