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SALEM LAUNDRY-RELEASE OF CLAIM r SALEM LAUNDRY i Dee SalernRE Redevelopment 0 t m`L99 �ty ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 TELEPHONEbaa-4580 May 24, 1984 Serafini & Serafini Attn: John R. Serafini 63 Federal Street Salem, MA 01970 Dear Mr. Serafini: Enclosed is check 1115 in the amount of $15,000.00 made out in your name, as attorney for Salem Laundry Company, drawn on our Massa— chusetts Municipal Depository Trust account. Thank you for the Release and Assignment of Claim in the Salem Laundry Company matter. Very truly you Michael Moniz Project Administrato MM/rba Enclosure U V i —4. MASSACHUSETTS,MUNICIPAL -DEPOSITORY:-'TRUST' , �, 5-1 , -` 5 = 4: — i�- 310. rt 3I. „ PAYTOT�. : JOHN R . ;SERAFINI ,000 00 -ORDER OF: r — .$,"15es . 3 FZFTEEN-THOUSAND and,00/100 -------------- ----- — -- DOLLAR S - State Street Bank and:Trust Company B ton,A4.h.m02101.- + - Mutual Funds Division '; r - "• 9 :• SALEM:-LA UNDRY':.COMPANY SETTLEMENT " 11■440 L 399 3n■ �:OLi000028�: ,_,_•_:t 4,L 7966 - F.320 �I + _ 3 V SERAFINI AND SERAFINI ATTORNEYS AT LAW 63 FEDERAL STREET mar 21 1984 JOHN R.SERAFINI.SR. SALEM. MASSACHUSETTS 01970 SALEM PLANNING DEPT. JELEPHONE JOHN R.SERAFINI.JR. 744-0212 JOHN R SADOSKI 5812743 LEONARD F.FEMINO AREA CODE 617 JOHN E.DARLING May 18, 1984 Salem Redevelopment Authority One Salem Green Salem, Massachusetts 01970 Attentiort Mr. Michael Moniz Dear Mike: Enclosed, please find Release and Assignment of Claim in the Salem Laundry Company matter. Mary Harrington has approved the forms and has copies at her office. You should keep the original in your file. Woul you kindly make the check payable to me as attorney for Salem Laundry Company and remit to my office. Many thanks. Sincerely, JOHN R. SERAFINI, Esquire JRS/men Enclosure f I, JOHN B. HOOPER, President of Salem Laundry Company, in consideration of the payment to me of Fifteen thousand and 00/100 ($15,000.00) dollars by Salem Redevelopment Authority on account of damages sustained by Salem Laundry Company caused by the severing of drainage pipes by the general contractor, A. D'Alessandro & Sons, Inc. under contract to Salem Redevelopment Authority, hereby assign all claims for damages in connection with the above claim to the Salem Redevelopment Authority. Said claim is set forth in Civil Action No. 16455 filed in the First District Court of Essex, 65 Washington Street, Salem, Massachusetts 01970. SALEM LAUNDRY COMPANY Witness: - �/�u� by: � � , ohn B. Hooper, Presi nt V • RELEASE OF ALL DEMANDS 251 alt utru hit t rar prrands C1 4at SALEM LAUNDRY COMPANY of Salem, Essex County, Massachusetts, 149 t¢oagtja & Nor anb in ronsiberatilln of the sum of Fifteen thousand and 00/100 ($15,000.00) ---------------------------- Dollars to it PaidbY the Salem Redevelopment Authority of Salem, Massachusetts, the receipt whereof is hereby acknowledged, have remised, released, and forever discharged and it does &hereby, for it self, its Heirs, Executors, Administrators, and Assigns, remise, release, and forever discharge the said Salem Redevelopment Authority, its f Heirs, Executors, and Administrators, of and from all debts, demands, actions, causes of action, suits, dues, sum and sums of money, accounts, reckonings, bonds, specialties, covenants, contracts, controversies, agreements, promises, doings, omissions, variances, damages, extents, executions, and liabilities whatsoever, both in Law and Equity, or which may result from the existing state of things, more especially on account of damages arising from unauthorized and illegal severing of Plaintiff's drainpipes during construction resulting in severe flooding and damage to Plaintiff's property over a period of several years, which against the said Salem Redevelopment Authority the said Salem Laundry Company has now li , or ever had, from the beginning of the world to the day of the date of these presents. x " x� AAORR& fit- 6turso thesaid Salem Laundry Company has— caused as_caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by John B. Hopper, President, h�rQtg__cli Jy_ uthorize this 18th day of May in the yearofour Lord one thousand nine hundred and eighty-four. Signed and Sealed in Presence of Sae Laundry CCompany ... bYi.... ry ............ Jo n B. Hooper, Pre i.cient .. ........................................................................ ........................................................................ ...................................................................... V From TO Dace 19 n (OF ALL DEMANDS) From the office of J� 0 a� a RETURN. TO HOGGB &WARREN.INC, - PUSLISHERS STANDARD LEGAL FORMS .. BOGTox MASS. FORM 281 1 16 kQ Salem _ Redevelopment Authority TELEPHONE 744-4580 Authority iM� ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 lea-a5so- May 17, 1984 Atty. John Serafini 65 Federal Street Salem, MA 01970 Dear Mr. Serafini: At its meeting on May 7, 1984, the Redevelopment Authority voted to settle the matter involving the Salem Laundry and the S.R.A. resulting from damages occurring during a construction project by D'Allasandro Construction under contract with the S.R.A. The Authority is willing to pay an amount not to exceed $15,000 provided the Salem Laundry Co. releases the S.R.A. from any and all claims by Salem Laundry Co. In addition, the Authority would require a release from the Salem Laundry Co. allowing the S.R.A. to pursue our claim --against the contractor and his insurance company and allowing the S.R.A. to receive any payments from the contractor or his assigns resulting from the S.R.A. 's suit. If this is amenable to your client, please submit releases and approvals for settlement to our Attorney, Mary Harrington, who will forward the information to the S.R.A. for acceptance and payment. If you have any questions, please contact me at 744-6900. Sincerely, �AJCO �-,-A-VA01.1tZ� Michael Moniz Project Administrator MM/rba ,V MlAk 131984 � e7i/ 1319 SALEM PLANNING DEPT. I March 8, 1984 I Ms. Joan Boudreau, Chairman Salem Redevelopment Authority One Salem Green Salem, Massachusetts 01970 Re: Salem Laundry vs. Salem Redevelopment Authority vs. A. D'Alessandro & Sons, Inc. Dear Joan: I have represented the Salem Redevelopment Authority in a lawsuit commenced by the Salem Laundry against it for damages allegedly resulting from site develop- ment work undertaken at the direction of the Salem Redevelopment Authority. Because the contractor who did the work was required to provide property damage insurance, I believe these damages should be the financial responsibility of the insurance company. Counsel representing the contractor has filed an answer to the Salem Redevelop- ment Authority' s third party complaint claiming the case against the contractor was discharged in bankruptcy and that the insurance company is also somehow thereby discharged. The insurance agency issuing the policy was the Tanous J. Thomas, Insurance Agency, Inc. Because my services under contract to the City of Salem Community Development programs has recently terminated, I recommend that the Salem Redevelopment Authority retain counsel as soon as possible so that I may withdraw my representation. I do not believe that this litigation should result in the Salem Redevelopment Authority' s incurring substantial expenses unless the insurance company wishes to contest the causation issue with the Salem Laundry. The only real question is a legal , not a factual one: is the insurance company liable for damages under the policy, or has tine policy somehow been discharged in connection with the Ms. Joan Boudreau, Chairman Salem Redevelopment Authority March 8, 1984 Page -2- the contractor' s bankruptcy. I recommend that the Salem Redevelopment Authority retain an attorney with some experience in insurance and/or bankruptcy law. I would like to extend my thanks to the Salem Redevelopment Authority's members, both individually and as a group for the cooperation I 've received over the past several years and the great pride I 've experienced as a Salem resident at the progress your dedication has brought to our community' s quality of life. Keep up the good work. Sincerely, Richard W. Stafford RWS/dlg -\ EMPLOYERS-COMMERCIAL UNION COMPANIES t BOSTON, MASSACHUSETTS American Employers' insurance Company ` (Name of Insurance Company) Date �'a 25 ,1973 CERTIFICATE OF INSURANCE (z4t5 t8 to rprtifV that the Company named above h as issued a policy or policies,covering in accordance with the terms thereof, to the insured named below. It is the intention of the Company that in the event of cancellation of th policy or policies by the Company during the periods of coverage as stated herein, 10 days written notice of suc cancellation will be mailed to the party to whom this Certificate is issued, at the address stated below. This Certificat of Insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by the policy or po icies issued by the Company as indicated above. Name And Address Of Party To Whom This Certificate Is Issued Name And Address Of Insured SAIMMREDEVMPMENT AUTHORITY A. D'ALZSSAM & SONS, INC. Salem, Massachusetts 174 Milton Street Dedham, Massachusetts 02026 Site Development, Heritage Plaza-East, Cont.# 2, proi-lao-mass.R- or Operations of Insured Locotionof Operanonsor Premises Salem, Massachusetts TYPE OF POLICY X* POLICY NUMBER t POLICY PERIOD LIMITS OF LIABILITY STANDARD WORNMaN'S COMPENSATION EFFECTIVE EXPIRATION X ABC 14 STATUTORY EMPLOYERS'LIABILITY S Coverage 6 GENERAL LIABILITY Includes "XCU`* Coverage BODILY INJURY Premises Operations AR-62247-34 - w u S300,000 Each Person Elevators Independent Contactors S500,00() Each Oco.nn tt Products (Aggregate Produos Completed Operations S f Aggregate Comp.Oce•atior Contractual r' PROPERTY DAMAGE - t Premises Operations .Z w u w S 300,000 Each Occvrrmce Elevators S 500,000 - Aggregate Opo. Independent Contractors $ - Aggregate Prarecbve Products - S (Aggregate P.od,es Completed Operations t Aggregate Comp.Ovca.of Contractual S Aggregate Conrrccrvct AUTOMOBILE LIABILITY - BODILY INJURY p t Owned Aittomobiles K AB-82052411/1/731/1/74 S300,000 Each Person - Hlred Automobile. Nan owned Automobdes - S500,000 Each Occurrence' PROPERTY DAMAGE Owned Automobile, n lilted AWamabile, /111j S 300,000 Each Occur,er,ce Now.-awned Automobiles " This Certificate of Insurance is not valid unless ;t is countersigned b.{y o dulls authorized representative of the Como c. of < r• X rhea sP les ,.. t. :, c a,d., 'i s� ffA S. THOMAS IN.S . ,i. `rn es?act to hem egcs e. h..r ds ooP e e h ced ac e r 1, s bstl ed for the c « poky i f� o m Ga303 s .-c rtcd in the 'POLICY NU 3 R of ,-'7L�e�i ` :l`�'l�T , w u D' 6 mo•e thm one kind of i urance ..t,? a.. one Po"I a- cy V' a� ec 3xp. .0+mer need not bo repeated n - a�' EMPLOYERS-COMMERCIAL LIN19N COMPANIES BOSTON,MASSACHLISETTj f. American Employers' Insurance Company Name of insurance Companyl May 25 197i Date CERTIFICATE OF INSURANCE is to artifig that the Company named above has issued a policy or policies,covering in accordance with the terms thereof, to the insured named below. It is the intention of the Company that in the event of cancellation of the policy or policies by the Company during the periods of coverage as stated herein, 10 days written notice of such cancellation will be mailed to the party to whom this Certificate is issued, at the address stated below. This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage offorded by the policy or pol- icies issued by the Company as indicated above. Name And Address Of Insured Name And Address of Party To Whom This Certificate is issued h AUTHORITY A. WALESSANDRO & SONS, INREDEVELOPMEST 174 Milton Street Salem# Massachusetts Dedham, Massachusetts 02026 Site Development. Heritage Plaza-East, Cont.#2, Proj-NO-Mass-.R-9 or Operations oS Inwred XXX1_CCLVA= Salem, Massachusetts _JI Location of operations or Premises POLICY PERIOD LIMITS OF LIABILITY TYP OF POLICY X- POLICY NUMBERt EFFECTIVE EXPIRATION STANDARD WORKMEN'S COMPENSATION L x ABG- STATUTORY EMPLOYERS'LIABILITY Coverage a GENERAL LIABILITY Includes si coverage BODILY INJURYS 300,000 Each Person Premises Operations Elevators S 500,000 Each Occurrence Independent Contractors Aggregate Products Products S #Aggregate Comp.OPel-tic's Completed Operations Contractual PROPERTY DAMAGE 24 S300,000 Each occurrence Premises Operations X S500,000 Aggregate Opsi Elevators S Aggregate Protective Independent Contractors Aggrs.'e Products Products S Aggregate Comp.Operanom Completed Operations S A,g,ri C-111-0uril Contractual AUTOMOBILE LIABILITY BODILY INJURY 1 7 1 1 7 S300,000 Each Person Owned Automobiles X 820524 Hired Automobiles s 500,000 Each Occurrence" Non-owned Automobiles PROPERTY DAMAGE Owned Automobile' Is s 300,000 Each ci,cu,rent' I Hired Automobile, Non owned Automobiles the Comp isCountersigned by r .du,!y ouil-torizecl representative of This Certificate of Insurance is not valid unless it TAROUS J. THOMAS Il� 0; �.n 'X in he'e 'Price, 'Ca" iin�' - 'e the eta r ­1h a,hn,,,,ds ppol Th, a, h,, aid 1'e' PCn"Y G4303—nd.,.1i,di ,thePOLICYNUMBER kind of more 11 j,i, an, LAW OFFICES - JOHN R. SERAFINI 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI TELEPHONE ,JOHN R. SERAFINI, JR. 744-0212 JOHN F. SADOSKI AREA CODE 617 l November 29 , 1983 Richard W . Stafford , Esquire City Solicitor 93 Washington Street Salem, Massachusetts 01970 in re : Salem Laundry Company vs . Salem Redevelopment Authority Dear Richard : As you know, A. D'Alessandro & Sons , Inc . has been dissolved . Can we possibly dispose of this matter before the end of the year . It i's my belief that the SRA is certainly sympathetic with the position of my client , and I understand has authorized negotiations up to a certain figure . It certainly would be helpful to me if I could dispose of this under the current situation that exists . Very truly yours , ' P //�,- —� JOHN /RP %SERAFINI , Esquire JRS/cac THOMAS AND FOLLANSBEE' ATTORNEYS AT LAW 335 PROVIDENCE HIGHWAY WESTWOOD, MASSACHUSETTS 02090 TANOUS J. THOMAS. TELEPHONE STEPHEN R. FOLLANSBEE July 12, 1983 (sn) 329.5250 - t Atty. Mary Harrington Richard W. Stafford, Esq. 93 Washington Street Salem, Massachusetts R Re: Salem Laundry Co. Vs: Salem Redevelopment Authority Vs: A. D'Alessandro & Sons, Inc. First District Court of Essex No. 16455 Dear Atty. Harrington: This will confirm our telephone conversation requesting a two week extension in filing the answer on behalf of A. D'Alessandro & Son, Inc. , third party defendant. This letter is in conformity with our agreement that I furnish you with written notice of the extension. Incidentally, I have talked with Attorney John Sadoski, attorney for. the plaintiff, and he has no objection to the extension. Very truly yours Ix Tanous J. Thomas T/1 /. . c.c. John F. Sadoski, Esq. r' 63 Federal Street Salem, Ma 01970 THOMAS AND FOLLANSBEE ATTORNEYS AT LAW 335 PROVIDENCE HIGHWAY WESTWOOD, MASSACHUSETTS 02090 TELEPHONE TANOUSJ. THOMAS STEPHEN R. FOLLANSBEE July 21, 1983 cs n+ 3295230 Clerk, District Court First District Court of Essex 65 Washington Street Salem,, Massachusetts 01970 Re: Salem Laundry Co. Vs: Salem Redevelopment Authority Vs: A. D'Alessandro & Sons, Inc. No. 16455 Dear Sir: Enclosed for filing, please find Motion to Dismiss As To A. D'Alessandro & Sons, Inc. Thank you for your assistance. Very truly yours Tanous J. Thomas T/pm Enc. cc: 'Aeo1Ktty. Mary Harrington c/o Richard W. Stafford, Esq. John F. Sadoski, Esquire COMMONWEALTH OF MASSACHUSETTS ESSEX, SS• FIRST DISTRICT COURT OF ESSEX !' Docket No. 16455 SALEM LAUNDRY CO. , ) Plaintiff ) VS. ). MOTION TO DISMISS SALEM REDEVELOPMENT ) AS TO AUTHORITY, ) A.D'ALESSANDRO & SONS, INC; Defendant/Third-Party ) is Plaintiff ) vs. ) : A. D'ALESSANDRO & SONS, INC. , ) Third-Party Defendant ) i The defendant, A. D'Alessandro & Sons, Inc. (hereinafter called corporation) moves to dismiss the complaint in the above . action on the following grounds: I: (1) Lack of jurisdiction over defendant in that the i.defendant corporation was disolved under the Laws of the Commonwealth 'hof Massachusetts in 1979. (2) Insufficient service of process. The process was left at 14 Raynes Road, Hyde Park, Massachusetts. This is not and :,!never was either the address of the corporation or where the corp- Ioration ever conducted business. That no person or persons at thati !address was ever authorized to receive service on behalf of the is ;corporation. ! (3) The claim is barred against the defendant corporation, Iiby the statute of limitations. i (4) The defendant corporation was dissoivedunder the Laws : of the Commonwealth of Massachusetts and any claim assent herein is j.extinguished. (5) That the defendant third party plaintiff has: i (a) Failed to attach a copy of the contract to ,'which it refers or make profert thereof .(b) Failed to refer to any specific portions of the !,contract to which it refers i j' I - 2 - I (c) Alleged only an opinion and a conclusion with ',no allegations of fact to support them. I• (6) The defendant corporation now dissolved, prays the i, ICourt's protection of any rights it may have to a proper defense ijof this action. i I. � ii By its attorney ' I I' i' I Tanous J. Thomas, Esquire THOMAS and FOLLANSBEE 335 Providence Highway is Westwood, Massachusetts 02090 (617) 329-5250 �. , Late filing assented to. i; i' I ! Richard W. Stafford, Esquire j'BY: Mary Harrington 93 Washington Street Salem, Massachusetts 01970 I; ;'John F. Sadoski, Esquire 63 Federal Street iSalem, Massachusetts 01970 j I i i i i, i I fff �J e� e: f } } :'100 9NINNyld W31VS RICHARD W.STAFFORD CITY OF SALEM �1WI.�Yi Y=P. ARRINGTON CITY SOLICITOR MASSACHUSETTS ASSTS k T ITY SOLICITOR 93 WASHINGTON STREET 3nr3�� SHI GTON STREET SALEM,MA 01970 ,MA 01970 745-4311 745-4311 May 23, 1983 Mr. Michael Moniz Project Administrator Redevelopment Authority One Salem Green Salem, Massachusetts 01970 Re: Salem Laundry- Company vs. Salem Redevelopment Authority Dear Mr. Moniz: Enclosed herewith please find a copy of the Answer and Third Party Complaint which I have filed on behalf of the Authority in the above captioned action. Ve ruly yours, r/ RI W. ST ee# City Solicitor RWS/lc Enclosure CONBIONWEALTH OF MASSACHUSETTS ESSEX, SS. FIRST DISTRICT COURT OF ESSEX DOCKET NO. 16455 SA1&M LAUNDRY OD. , ) ! Plaintiff VS. ) ANSWER SALEM REDEVELOPMENT ) AUTHORITY, ) Defendant ) ii Now comes the defendant, Salam Redevelopment Authority, and in answer to the plaintiff's Complaint states: FIRST DEFENSE 1. The defendant admits the allegations set forth in paragraph 2; 'i 2. The defendant neither admits nor denies the allegations set forth in paragraphs 1, 3, 4, 5, 6, 7, 8; except that the defendant admits that it did contract with A. D'Alessandro & Sons, Inc. to perform surface and subsurface improvements in and to Lafayette Street in 1973 and 1974, and calls upon the plaintiff to prove the same; i 3. The defendant denies the allegations set forth in paragraph 9. !j SECOND DEFENSE The Complaint is barred by the Statute of Limitations. THIRD DEFENSE i i 1 The Complaint is barred by thee doctrine of laches. WHEEFORE, the defendant respectfully requests that the Complaint be j dismissed and that it be awarded its costs, expenses, reasonable attorneys fees and such other relief as the court deems just and equitable. I SALEM REDEVELOPMENT AUTHORITY by ly Attorney, Richard W. Stafford / 93 Washington Street Salem, MA 01970 745-4311 i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. FIRST DISTRICT ODURT OF ESSEX . DOCKET NO. 16455 SAIDA LAUNDRY CO. , Plaintiff ) ) I SALEM REDEVELOPMENT ) AUTHORITY, ) J Defendant/Third-Party Plaintiff THIRD PARTY COMPLAINT VS. A. D'Alessandro & Sons, Inc. , iThird-Party Defendant ) 1. The third-party plaintiff,, Salem Redevelopment Authority, is a- body politic corporate within the Commonwealth of Massachusetts, having a principal office at One Salem Green, Salem, Massachusetts: 2. The, third-party defendant, A. D'Alessandro & Sons, Inc. is a Massachusetts corporation organized and existing under the laws of the Coamnnwealth of Massachusetts, with a principal place of business at 174 Milton Street Box B, Dedham, Massachusetts. ; 3. On or about June 14, 1973 the third-party plaintiff and the third-party defendant entered into an "Agreement for Site Preparation." Under the ' Agreement, the third-party defendant was to perform construction work and make improvements in and to Lafayette Street, Salem, Massachusetts. 4. The third-party plaintiff has been named as the defendant in the above captioned action by the Complaint filed by the Salem Laundry Co. , Inc. (see exhibit #1 attached hereto. ) 5. Any'and all work alleged to have been negligently performed by the defen- dant/third-party plaintiff in paragraph 7 of the. Complaint and the damage resulting therefrom alleged in paragraph 9 of the Complaint was performed by the third-pasty defendant. 11;i 6. The third-party defendant is required to indemnify and hold harmless the l third-party defendant from any and all actions arising out of or in connection with the cork described in paragraph 3. WHEREFORE, the Salem Redevelelopment Authority respectfully requests that any judgment entered upon the Complaint be entered against the third-party defendant. SALEM REDEVELCPME T AUTHORITY by its Attorney, Richard W. Stafford i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. First District Court of Essex Docket No. /b qS SALEM LAUNDRY CO., Plaintiff ) VS. ) COMPLAINT SALEM REDEVELOPMENT ) AUTHORITY, ) Defendant ) 1. Plaintiff is'a corporation duly organized and existing under the laws of. the Commonwealth of Massachusetts with an usual place of business in Salem, Essex County, Massachusetts. 2. Defendant is a public body politic and corporate created and existing under the laws of the Commonwealth of Massachusetts with an usual place of business in Salem, Essex County, Massachusetts. 3. Plaintiff had a drain pipe, running from its premises located on Lafayette Street, Salem, Massachusetts, which pipe was connected to a municipal storm drain located in Lafayette Street, a public way in the City of Salem. Said connection had been made some .years ago, in order to assure that any waters collected on Plaintiff's premises, including the roof, would be discharged in such a manner as not to accumulate on Plaintiff's property. Said drain system and drain pipe had operated properly. 4. On or about January 27, 1980, or January 28, 1980, the Plaintiff began experiencing serious flooding conditions in its above-described premises. Efforts to determine the source of said flooding were unavailing. 5. On or about January 28th or 29th, 1980, the Plaintiff hired a contractor to try to determine the source of said flooding. The contractor had to dig up the sidewalk and street in front of the Plaintiff's premises on Lafayette Street in order to determine the condition of the drain pipe going from Plaintiff's premises to the municipal storm drain in said Lafayette Street. After excavating a distance of eight to ten feet below the street, Plaintiff's contractor exposed the Plaintiff's drain pipe and determined that such pipe had been crushed and disconnected from said municipal storm drain in Lafayette Street. 6. Said drain pipe was disconnected from said municipal storm drain by LAW OFFlCES Defendant or its agents and/or employees at the time when said Defendant had installed 10H R.SERA INI a new storm drain in said Lafayette Street. f FEDERAL STREET .ALEM.MASS.019M - 16111 140.0212 7. At the time of the completion of the installation of said new storm drain, Defendant or its agents and/or employees negligently failed to reconnect Plaintiff's drain pipe to said newly installed storm drain, with the resultant effect being that Plaintiff ultimately suffered flooding conditions in its above-described premises. 8. After Plaintiff's contractor had, exposed Plaintiff's drain pipe, the Director of Public Services of the City of Salem was called and examined said drain pipe and its position in relation to the storm drain' in Lafayette Street. Said Director agreed that the Plaintiff's drain pipe had been disconnected from the municipal storm drain, and had not been reconnected when the new storm drain was installed in Lafayette Street by Defendant and its agents and/or employees. 9. Plaintiff suffered substantial damages as a result of said negligent failure by Defendant or its agents and/or employees to reconnect Plaintiff's drain pipe to said newly installed storm drain. WHEREFORE, Plaintiff demands that judgment be entered against .the Defendant in the amount of Fifteen Thousand and 00/100 ($15,000.00).Dollars together with interest, costs, and attorney's fees: SALEM LAUNDRY CO. By its Attorney: Dated: January. 25, 1983 JOHN F. SADOSKI, Esquire Law Office- of John. R. Serafini 63 Federal Street- Salem, Massachusetts 01970 (617) 744-0212 LAW OFFICES IOHN R.SMAFINI I FEDERAL STREET ALEM.MASS.01970 161n 799-0212 LAW OFFICES JOHN R. SERAFINI 63 FEDERAL STREET . SALEM', MASSACHUSETTS 01970 JOHN R. SERAFINI TELEPHONE '744-0212 JOHN'R:SERAFINI, JR - - AREA CODE 617 - JOHN F.'3ADOSNI _ . , _ K November 29 , 1983 I Rt°chaAd tK StaYrtftord; ) sgi,►res . Ci::ty Soic;citor < } N ' s 93 washi`ngton'•Steeet Salem, `M asslachusetts 01970 , �. .. r in re -`.Salem Laundry Company vs . Salem Redevelopment Authority Dear Richard :` As you know, A. D'Alessandro & Sons , Inc . has been dissolved . .Can we possibly dispose of this matter before the. end of the year . It is my belief that the SRA is certainly sympathetic with the position of my client , and [ understand has authorized negotiations up to a certain figure . It certainly would be helpful to me if I could dispose of this under the current situation that exists . Very truly. .yours , JOHN 10 /SERAFLNI , Esquire JRS/cac z