New England Telephone & Telegraph C. v. Gourdeau Construction Co.

647 N.E.2d42 (Cite as: 419 Mass. 658, 647 N.E.2d 42)

Supreme Judicial Court of Massachusetts, Suffolk.

NEW ENGLAND TELEPHONE & TELEGRAPH COMPANY

v.

GOURDEAU CONSTRUCTION COMPANY, INC.

Argued Nov. 10, 1994.

Decided March 9, 1995.

Telephone company sued construction contractor, alleging that contractor breached contract by damaging company's equipment during construction project in foreign state (New Hampshire). The Superior Court Department, Martha B. Sosman, J., denied contractors motion for summary judgment, holding that six- year statute of limitations of forum state (Massachusetts), rather than foreign state's three-year statute, should be applied. Contractor appealed. The Supreme Judicial Court, Wilkins, J., held that: (1) decision as to whether to apply statute of limitations of forum state or foreign state would be decided by applying significant relationship test, and would no longer be procedural question resulting in automatic application of forum state's statute, and (2) forum state's statute would be applied, based on significant relationship test.

Affirmed.

Leonard F. Zandrow, Jr., Boston (Robert L. Farrell & Kevin J. O'Leary with him), for defendant.

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