PUPILLO v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.


381 Mass. 714 (1980)

412 N.E.2d 335

MATT PUPILLO vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

October 31, 1980.


Attorney(s) appearing for the Case

David W. Sugarman for the plaintiff.

William J. LeDoux for the defendant.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ.


KAPLAN, J.

On alternative counts for breach of contract and for the tort of negligence, the plaintiff subscriber sued the defendant telephone company in Superior Court, claiming damages for an error in the publication of an advertisement of the plaintiff's business in the "yellow pages" of the 1977 telephone directory for the Southbridge area. The plaintiff demanded trial by jury. Because there appeared to be no reasonable likelihood that recovery would exceed the...

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