Cronis, Liston, Nangle & White, LLP v. 90 Exchange LLC, 2009 Mass.App.Div. 78 (2009)
“Exchange submitted an affidavit of its principal with computer-generated images of what several spaces would look like if built as designed by Cronis. One showed an HVAC unit or air handler hanging in the middle of a wood paneled room, and two others showed what appears to be inappropriately exposed piping. These alleged defects would need no further explanation.”
Related Articles
White v. White, 40 Mass.App.Ct. 132 (1996)
Failure to Object The father did not object to the judge permitting the witness to testify in private. [ 2] "Ordinarily, a party is not entitled to present an argument on appeal on an issue not presented in the court below." Atlas Tack Corp. v. ...
White v. White, 40 Mass.App.Ct. 132 (1996)
Commenting on the Credibility of Witnesses A witness should not be allowed "to comment on the credibility of another witness." Liacos, Handbook of Massachusetts Evidence § 6.5 (6th ed. 1994).
Kelly v. Kelly, 50 Mass.App.Ct. 1101 (2000)
Generally, a party may not present an argument on appeal that has not been presented in the trial court. White v. White, 40 Mass.App.Ct. 132, 133 (1996); Liacos, Massachusetts Evidence §3.8.1 (7th ed. 1999) ("Failure to object to offered evidence ...
Commonwealth v. Yuri Y., 957 N.E.2d 1132, 81 Mass.App.Ct. 1102 (2011)
“The authenticity of a photograph is a preliminary question of fact for resolution by the trial judge, Commonwealth v.. Figueroa, 56 Mass.App.Ct. 641, 646 (2002), and, the judge's preliminary determination concerning authenticity is conclusive unless ...
Commonwealth v. Mimless, 760 N.E.2d 762, 53 Mass.App.Ct. 534 (2002)
“A thirty-four page bar chart depicting the hours the defendant billed Medicaid each day was used as a chalk at trial. "A judge . . . has `considerable, but not unrestrained, discretion as to the degree to which chalks can be used.'" Commonwealth v. ...