On March 18, 2013 a
Notice of Appeal
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 MASSACHUSETTS
BARNSTABLE, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 1372CV00125
RICK YATSENICK and JOAL
YATSENICK
Plaintiffs,
Vv.
OLD WHARF VILLAGE, LLC,
CHARLES EDGAR, DAVID DILLON
D/B/A DILLON REAL ESTATE, and
STACEY CURLEY,
Defendants.
SSS Se SSeS
PLAINTIFFS’ JOINT NOTICE OF APPEAL
Notice is hereby given that the Plaintiffs, Rick Yatsenick and Joal Yatsenick jointly appeals
from the final judgement entered on December 19, 2018 in this case for both the Defendants, Old
Wharf Village, LLC and Charles Edgar; from the Judge’s order denying the Plaintiffs’ Motion for
a New Trial entered on May 3, 2019; from the Judge’s endorsement on November 19, 2018
allowing the Defendants’ Motion in Limine to Exclude Evidence of the Unit Owner’s
Understanding of the Permitted Use of the Property; from the Judge’s endorsement on November
19, 2018 partially allowing the Defendants’ Motion in Limine to Prohibit All Reference to 405
Old Wharf Road as a Commercial Motel or Timeshare Property; from the Judge’s endorsement
on November 19, 2018 reserving and then later at trial allowing the Defendants’ Motion in Limine
to Exclude Evidence of Other Alleged Malfeasance of the Defendants; and from the Judge’s
endorsement on December 3, 2018 denying in part the Plaintiffs’ Motion to Reform and
Supplement the Jury Instructions as to the Breach of Contract Claim.
1Respectfully submitted,
THE PLAINTIFFS,
By their Attorneys
Brian K. Galletta, Esquire
BBO# 566078
25 Lady Slipper Drive
Plymouth, MA 02360
(508) 591-7811
Fax: (508)746-1817
bkglegal: ail.com
hee F Pow 6
Kevin F. Bowen, Esquire
BBO# 051450
395 Smith Street
Providence, RI 02908
(401) 831-1600
Fax: (401) 831-0129
kbowen@bbglaw.us
May 29, 2019
“
fa
Eric H. Price, Esquire
BBO #698995
62 Main Street
Kingston, MA 02364
(339) 832-3605
Fax: (508) 746-1817
epricelegal@gmail.com
CERTIFICATE OF SERVICE
Thereby certify that a true copy of the forgoing document was served upon counsel of record for
all known parties herein by causing a copy to be delivered by first class mail this 29" day of May,
2019.
NN oat
Brian K. Gallétta, Esq.
B.B.O. #566078
25 Lady Slipper Drive
Plymouth, MA 02360
Phone: (508) 591-7303
Fax: (508) 746-1817
Email: bkglegal@gmail.com
Document Filed Date
May 29, 2019
Case Filing Date
March 18, 2013
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COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 1372CV00125 RICK YATSENICK and JOAL YATSENICK Plaintiffs, Vv. OLD WHARF VILLAGE, LLC, CHARLES EDGAR, DAVID DILLON D/B/A DILLON REAL ESTATE, and STACEY CURLEY, Defendants. SSS Se SSeS PLAINTIFFS’ JOINT NOTICE OF APPEAL Notice is hereby given that the Plaintiffs, Rick Yatsenick and Joal Yatsenick jointly appeals from the final judgement entered on December 19, 2018 in this case for both the Defendants, Old Wharf Village, LLC and Charles Edgar; from the Judge’s order denying the Plaintiffs’ Motion for a New Trial entered on May 3, 2019; from the Judge’s endorsement on November 19, 2018 allowing the Defendants’ Motion in Limine to Exclude Evidence of the Unit Owner’s Understanding of the Permitted Use of the Property; from the Judge’s endorsement on November 19, 2018 partially allowing the Defendants’ Motion in Limine to Prohibit All Reference to 405 Old Wharf Road as a Commercial Motel or Timeshare Property; from the Judge’s endorsement on November 19, 2018 reserving and then later at trial allowing the Defendants’ Motion in Limine to Exclude Evidence of Other Alleged Malfeasance of the Defendants; and from the Judge’s endorsement on December 3, 2018 denying in part the Plaintiffs’ Motion to Reform and Supplement the Jury Instructions as to the Breach of Contract Claim. 1Respectfully submitted, THE PLAINTIFFS, By their Attorneys Brian K. Galletta, Esquire BBO# 566078 25 Lady Slipper Drive Plymouth, MA 02360 (508) 591-7811 Fax: (508)746-1817 bkglegal: ail.com hee F Pow 6 Kevin F. Bowen, Esquire BBO# 051450 395 Smith Street Providence, RI 02908 (401) 831-1600 Fax: (401) 831-0129 kbowen@bbglaw.us May 29, 2019 “ fa Eric H. Price, Esquire BBO #698995 62 Main Street Kingston, MA 02364 (339) 832-3605 Fax: (508) 746-1817 epricelegal@gmail.com CERTIFICATE OF SERVICE Thereby certify that a true copy of the forgoing document was served upon counsel of record for all known parties herein by causing a copy to be delivered by first class mail this 29" day of May, 2019. NN oat Brian K. Gallétta, Esq. B.B.O. #566078 25 Lady Slipper Drive Plymouth, MA 02360 Phone: (508) 591-7303 Fax: (508) 746-1817 Email: bkglegal@gmail.com