Eastern Bank v. Henderson
Eastern Bank v. Henderson
Opinion of the Court
After an assessment of damages hearing on July 6, 2017, a Superior Court judgment entered against the defendant, Chris Winton Henderson, doing business as Legal Eagles, for the sum of $78,790.47. On appeal, the defendant argues that the judge erroneously admitted and relied upon the plaintiff's affidavit and accompanying exhibits. The defendant further argues that the judge's failure to make written findings as to damages requires a remand for that purpose. We affirm.
Background. On or about May 31, 2007, the defendant obtained a business preferred line of credit account with the plaintiff, Eastern Bank, with a credit limit of $50,000. In September, 2014, the defendant defaulted on the loan by failing to make a payment after the plaintiff notified her of a lack of funds in one of her depository accounts. Consequently, on September 17, 2014, the plaintiff sent the defendant a notice of default and demand for payment for the total of $50,997.02. The defendant has made no payments to the plaintiff since September, 2014.
On December 1, 2014, the plaintiff initiated this action in Superior Court by filing a verified complaint alleging that the defendant owed it $51,617.96 as of October 24, 2014, among other claims.
A damages assessment hearing took place on July 6, 2017. In support of its motions for assessment of damages and for assessment of attorney's fees and costs, the plaintiff filed the affidavit of Pete Kaznoski dated June 14, 2017 (Kaznoski affidavit), with two accompanying exhibits. Paragraph 13 of the Kaznoski affidavit delineates the amount of the defendant's debt as $49,981.17 of principal, $14,205.64 in interest, $380.92 in late fees, and $14,222.74 in legal fees. The first exhibit is a single-sheet "Payoff Statement" showing a breakdown of the amounts the defendant allegedly owed on her account with the plaintiff as of June 12, 2017. The second exhibit is an eighteen-page history of disbursements and transactions for the defendant's account since its inception in 2007. Additionally, the affidavit of Attorney Riccardo L. Rullo, with an invoice attached, was entered on May 8, 2017, in support of the plaintiff's motion for attorney's fees and costs. The hearing judge had the original verified complaint, Attorney Rullo's affidavit, and the Kaznoski affidavit with its two exhibits before him.
Discussion. The defendant first challenges the admissibility of both the Kaznoski affidavit and its two accompanying exhibits. Preserved evidentiary rulings are reviewed for abuse of discretion. Commonwealth v. Rivera,
Here, the hearing judge properly admitted the Kaznoski affidavit. Kaznoski stated in his affidavit that he was "familiar with the facts giving rise to [this case]" and reiterated many of the assertions outlined in the verified complaint, to which he was also the affiant, and in which he literally stated that he had "personal knowledge" of the matters contained therein. That Kaznoski did not claim to be the keeper of the records to which his affidavit referred did not render his affidavit inadmissible. See Commonwealth v. Monahan,
The defendant's second argument is that the two exhibits attached to the Kaznoski affidavit were inadmissible under G. L. c. 233, §§ 77 & 78. Under § 78, a judge must make four preliminary findings of fact before a document may be admitted as a business record. DiMarzo v. American Mut. Ins. Co.,
The defendant next argues that the case should be remanded because the judge did not make written findings regarding damages. Rule 52 (a) of the Massachusetts Rules of Civil Procedure, as amended,
It is evident from the damages assessment hearing transcript that the judge required the plaintiff to clarify the precise amount of damages sought and to delineate at what percentage and for what period of time the interest was calculated.
Conclusion. For the reasons stated above, we conclude that the judge did not abuse his discretion in admitting the Kaznoski affidavit, nor in considering its two exhibits as business records of the bank in assessing damages.
Judgment affirmed.
The plaintiff's complaint included four counts: breach of contract; quantum meruit; liability under guaranty; and wrongful detention of personal property.
The order permitted the defendant to replead count four of the counterclaim (unlawful lending practices), "provided she can do so with reasonable detail, with reference to the relevant legal authority(ies), and in good faith." Whether she did so is not clear in the record before us, but she raises no argument on appeal in this respect.
We therefore need not reach the issue whether the bank records within the exhibits are admissible under G. L. c. 233, § 77. See Commonwealth v. Perez,
We note that the interest calculation the hearing judge utilized (and the only amount that fluctuates significantly among the documents to which the defendant objects) is based on the plaintiff's standard 10.25 per cent calculation, not the 12 per cent statutory calculation to which successful plaintiffs are generally entitled. To the extent that the documents differed in calculating damages amounts, the defendant was not prejudiced.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.