DEFENDANT'S MOTION TO REMOVE DEFAULT


     Now  comes  the defendant, Smyly Autos, Inc. and  files  this
motion  to remove default and as grounds therefore would show  the
following:

This is an action arising out of the alleged loss of a stereo
from  the  plaintiff's  vehicle  which  was  left  with   the
defendant  to  be  repaired. The plaintiff  alleges  property
damage,  lost  wages  and seeks treble  damages  pursuant  to
M.G.L. c. 93A.

The  defendant  was  served on or about  May  31,  1994.  The
defendant  then forwarded the suit papers to its  insurer  in
Dallas,  Texas.  The  insurer forwarded the  suit  papers  to
predecessor  counsel on or about June 15, 1994. However,  the
suit papers were not received by predecessor counsel.

On  or  about  August 10, 1994 the defendant received  notice
that default had been entered against it.

On  August  11,  1994  the defendant's insurer  retained  the
present counsel to defend this action.

Counsel  contacted the plaintiff in New Mexico  on  or  about
August  12,  1994, and the plaintiff refused to assent  to  a
motion  to  remove  default. As a  courtesy,  the  plaintiff,
counsel  for  defendant marked this motion for  September  8,
1994, a date which the plaintiff would be in Massachusetts.

The defendant has a meritorious defense. There is no evidence
that  the  defendant was negligent or that it  committed  any
intentional act to cause the alleged loss of the  stereo.  In
fact,  the plaintiff has not produced any receipts  or  other
documentation of his loss.

There will be no prejudice to the plaintiff if the default is
removed and the defendant is allowed to file its answer.
     
     WHEREFORE, the defendant prays that the default entered on
August 9, 1994 be removed and that it be allowed to file the
attached answer late.

By its attorney,

Paul R. Kelley, Esquire
BBO #265700
Karl D. Drews, Esquire
BBO #561289
NEVILLE & KELLEY
Bulfinch Square
43 Thorndike Street
Cambridge, MA 02141
(617) 876-7100