The relevant facts follow. On January 9, 2013, two men, both wearing masks and gloves, and one carrying a knife, entered the “Bremmer Street Food Mart” (Food Mart), in Manchester, and demanded money from the clerk. The
clerk did not give the men any money, but stated that he was going to call the police. The two men left the store, and the clerk called 911. When the police arrived, the cl... More...    $0 (01-18-2016 - NH)

Following a jury trial in Superior Court (Abramson, J.), the defendant, Oscar Grande, was convicted of armed robbery. See RSA 636:1 (2007). On appeal, he argues that his trial counsel was ineffective by failing to contest the admission of evidence concerning an uncharged robbery. We affirm. The relevant facts follow. On January 9, 2013, two men, both wearing masks and gloves, and one carryi... More...    $0 (01-12-2016 - NH)

Linda Ruivo appeals the district
court's dismissal of counts one and five of her First Amended
Complaint. Ruivo argues that count one, captioned "N.H.R.S.A. 397-
A:2(VI)," adequately pleaded a state common law claim of fraud, and
that count five sufficiently pleaded, consistent with its caption,
a promissory estoppel claim. Agreeing with the district court that
both claims ... More...    $0 (09-08-2014 - NH)

The district court denied the petition of Ismail Ozgur Yaman ("Yaman") for return of his two daughters, E.Y., now 10, and K.Y., now 11, to Turkey, pursuant to the Hague Convention on the More...    $0 (09-11-2013 - NH)

James U. McClammer, Jr., Trustee of the Profit Sharing Plan of the Connecticut Valley Environmental Services, Inc., appeals an order of the Superior Court (Wageling, J.), following a bench trial on the merits, ruling in favor of Michael W. O’Hearne and Marie E. O’Hearne on the parties’ crosspetitions to quiet title and for injunctive relief. We affirm.

The parties own adjoining lots i... More...    $0 (03-29-2012 - NH)

The plaintiff, Yvette Bouffard, appeals the Trial Court’s (Smukler, J.) denial of her request for a declaratory judgment that she is entitled to uninsured motorist (UM) coverage under her umbrella insurance policy issued by the defendant, State Farm Fire & Casualty Company (insurer). The insurer cross-appeals, alleging that the Trial Court (Conboy, J.) erred in denying its earlier motion for sum... More...    $0 (08-11-2011 - NH)

The petitioner, Winecellar Farm, Inc. (Winecellar), appeals an order of the Superior Court (Brown, J.) ruling that it was not entitled to: (1) a decree pro confesso awarding it specific performance to purchase the Bedard Farm; (2) specific performance to purchase the Bedard Farm under the doctrine of part performance; and (3) continue haying activity in perpetuity under a lease agreement. The resp... More...    $0 (07-21-2011 - NH)

The plaintiff, Yvette Bouffard, appeals the Trial Court’s (Smukler, J.) denial of her request for a declaratory judgment that she is entitled to uninsured motorist (UM) coverage under her umbrella insurance policy issued by the defendant, State Farm Fire & Casualty Company (insurer).

The insurer cross-appeals, alleging that the Trial Court (Conboy, J.) erred in denying its earlier motion ... More...    $0 (08-11-2011 - NH)

The plaintiff, Linda Pesaturo, appeals an order of the Superior Court (Groff, J.) granting a motion to dismiss by the defendant, Robbin Kinne. We affirm in part, reverse in part, and remand.

The record reveals the following facts. The plaintiff brought a small claims action against the defendant in the Nashua District Court seeking more than $2,000 in damages because two of the defendant’... More...    $0 (02-25-2011 - NH)

In these consolidated cases, the defendant, J. Robert Smyjunas, Jr., appeals the jury verdict against him in favor of the plaintiff, J & M Lumber and Construction Company, Inc. (J & M), and J & M appeals the decision of the Superior Court (Vaughan, J.) to award prejudgment interest from the date of J & M’s 2008 writ of summons. We affirm.

I. Background

The record reveals the follow... More...    $0 (04-14-2011 - NH)

The plaintiff, Dean J. Waterfield, appeals an order of the Superior Court (Barry, J.) granting summary judgment in favor of the defendants, Meredith Corporation, John Doe Anchorperson(s), and John Doe On-Site Reporter. We affirm in part, reverse in part, and remand.

The trial court found or the record supports the following facts. In March 2001, the plaintiff married Stephanie Waterfield.... More...    $0 (04-14-2011 - NH)

The plaintiff, Priscilla Tyler, appeals an order of the Superior Court (McHugh, J.) applying collateral estoppel to findings made by the New Hampshire Compensation Appeals Board (Board) in a subsequent civil action against the defendant, Hannaford Brothers (Hannaford). We reverse and remand.

The record contains the following facts. On June 27, 2003, while employed by Suray Promotions, Inc. ... More...    $0 (11-20-2010 - NH)

The plaintiff, Mara Sabinson, appeals an order of the Superior Court (Vaughan, J.) granting summary judgment in favor of the defendant, the Trustees of Dartmouth College. We affirm.

I

The following facts appear in the record. Sabinson is a professor in the Dartmouth College Theater Department. She was hired as a full-time faculty member in 1985, and obtained tenure in 1991. In July 2... More...    $0 (06-30-2010 - NH)

The petitioner, Rita Sutton, by and through her son and attorney-in-fact, Glenn Sutton, appeals Superior Court (Smukler, J.) orders: (1) granting respondent Barbara Aichinger’s motion for summary judgment on Sutton’s petition for a writ of mandamus; and (2) denying Sutton’s request for a permanent injunction to prevent construction and development of Aichinger’s non-conforming lot. Aiching... More...    $0 (03-30-2010 - NH)

The plaintiff, Kimberly Balamotis, appeals a decision of the Superior Court (McHugh, J.) granting summary judgment to the defendant, H. Dexter Hyland, II d/b/a State Farm Agent, in this action alleging that he underinsured the plaintiff’s home. We reverse and remand.

The following facts are either recited in the trial court’s order or are supported by the record. The plaintiff’s home ... More...    $0 (03-10-2010 - NH)

The petitioner, Collden Corporation (Collden), appeals an order of the Superior Court (Brown, J.) dismissing its declaratory judgment claims following a decision of the Town of Wolfeboro Planning Board. We affirm. The following facts appear in the trial court’s order. On July 29, 1993, the respondent, Town of Wolfeboro (town), approved Collden’s subdivision plan, provided that Collden complied... More...    $0 (02-19-2010 - NH)

Plaintiffs-appellants Raymond Beaudette ("Beaudette") and Lisa Beaudette (collectively, "the Beaudettes") filed suit against defendant-appellee Louisville Ladder, Inc. ("Louisville Ladder") in the United States District Court for the District of New Hampshire, seeking damages for injuries arising from an accident where a ladder, manufactured by Louisville Ladder, collapsed. The district court e... More...    $0 (09-12-2006 - NH)

The case before us presents another variation on the question when, under the so-called abstention doctrines, a federal court should defer to state proceedings. The appellant is Employers Insurance of Wausau ("Wausau"); the appellee is Roger A. Sevigny, Insurance Commissioner of New Hampshire ("Commissioner"), acting as liquidator of The Home Insurance Company ("Home"), now insolvent. We begin ... More...    $0 (06-10-2005 - NH)

The jilted suitor responded aggressively, haling Synopsys into court and... More...    $0 (07-08-2004 - NH)

Since 1946, the plaintiffs, Janice J. Cook, Vanessa Cook Jacobsohn, Cecil D. Driver, individually and as trustee of the John Cook Driver Trust, Carole Evans Sands, Susan Evans Burkley, Liane Evans Gigas, Melissa Evans Voteur, and Jonathan Richard Evans, have owned property on Lake Winnipesaukee in Moultonboro. Over the years, they have built various structures on the property, including a mai... More...    $0 (09-08-2003 - NH)

The defendant, Continental Casualty Company, appeals from a ruling of the Superior Court (T. Nadeau, J.) granting summary judgment to the plaintiff, Peter Gianola. On appeal, the defendant argues that the trial court erred by ruling that it had waived its coverage defenses because: (1) its conduct was insufficient to support a finding of waiver; and (2) the waiver doctrine cannot be applied to ... More...    $0 (03-03-2003 - NH)

Kimberli, now fourteen years old, is a developmentally delayed child. Since the age of seven months she has lived at the Brock Home, a state licensed home for children located in Pittsfield, New Hampshire. Because the home for children where Kimberli lives is located within the Pittsfield School District, she attends school there (2); and because of her disabilities she receives special education ... More...    $0 (09-27-2002 - NH)

The plaintiff, New Canaan Bank & Trust (bank), appeals the Superior Court's (Fitzgerald, J.) ruling that the bank’s bad faith conduct precluded it from recovering the balance due on a promissory note from the defendant, Steven S. Pfeffer. The bank challenges the ruling upon various grounds. Pfeffer cross-appeals, primarily arguing that the trial court erred in rejecting his equitable estoppe... More...    $0 (11-01-2001 - NH)

A review of the pleadings reveals the following facts. The plaintiff is the son and sole heir of John and Caroline Canty, who died in 1991 and 1986, respectively. The defendant was a friend of the plaintiff's parents for many ... More...    $0 (03-21-2001 - NH)

Wolfebor... More...    $0 (06-01-2001 - NH)

Appellant Eileen Kirk appeals the decision of the district court granting summary judgment in favor of appellees The Hitchcock Clinic, Mary Hitchcock Memorial Hospital, Dartmouth Hitchcock Medical Center, Dartmouth College, Dartmouth Medical School, Lisabeth Maloney, Barry Smith, Thomas Colacchio, and Ellen Hubbell (collectively, "Hitchcock") as to her claims of sex discrimination and retaliatory ... More...    $0 (08-20-2001 - NH)