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← 1992 MASSAPPDIV 95 - Zisler v. Ayan

Zisler v. Ayan’s Empirical Analysis

1992

Citation profile

7
cited by 7 later decisions
1
states following
September 2008
most recently cited

7 state decisions

Relationships

Relies on Community National Bank v. Dawes · 7 Mass. App. Ct. 426 - Berube v. McKesson Wine & Spirits Co. · Murphy v. Administrator of the Division of Personnel Administration · Cullen Enterprises, Inc. v. Massachusetts Property Insurance Underwriting Ass'n · Scannell v. Ed. Ferreirinha & Irmao, Lda.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Although the failure to demonstrate a meritorious defense ordinarily justifies a refusal to vacate judgment, [citations omitted], the converse is not true.... [A] party is not entitled to Rule 60(b) (1) relief solely on the basis of the existence of a meritorious defense. Nor is there a right to such relief even in those instances in which the moving party has clearly satisfied all of the factors set forth in Berube [v. McKesson Wine & Spirits Co., 7 Mass. App. Ct. 426 (1979)] as a guide for the court’s exercise of its discretion, [citations omitted] The allowance or denial of a Rule 60(b) (1) motion remains within the discretion of the trial judge.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.