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Court Case Record PENTUCKET, LLC. vs. FORT POINT DEVELOPMENT, LLC. 2013-J-0548 UID(ee9f)


PENTUCKET, LLC. vs. FORT POINT DEVELOPMENT, LLC. Court Case Record

Court Case Number: 2013-J-0548


 
Case Number2013-J-0548
Case TitlePENTUCKET, LLC. vs. FORT POINT DEVELOPMENT, LLC.
Case TypeCivil
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date12/13/2013
Close Date12/20/2013

Parties

CounselNameType
Kristin M. Knuuttila, EsquirePentucket, LLC.Plaintiff/Respondent
Jason A. Manekas, EsquireFort Point Development, LLC.Defendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
12/13/2013 #1 Petition pursuant to M.G.L. c. 231, ยง 118 with attachments, filed by Fort Point Development, LLC. ^
12/20/2013 #2 ORDER: A counterclaim for specific performance of a purchase and sale agreement meets the test of G. L. c. 184, '15(b) Athat the subject matter of the action constitutes a claim of right to title to real property@ regardless of the merits of that claim. See Fafard Real Estate & Development Corp. v. Metro-Boston Broadcasting, Inc., 345 F. Supp.2d 147 ( D.Mass. 2004) (memorandum of lis pendens allowed on suit for specific performance of a contract for the sale of real estate). Thus, Fort Point is entitled to a memorandum of lis pendens based solely on the nature of its claim against Pentucket, without consideration of the merits of that claim. Pentucket=s argument to the contrary may then be considered on its special motion to dismiss which may be granted Aif the court finds that the action or claim is frivolous because (1) it is devoid of any reasonable support; or (2) it is devoid of any arguable basis in law; or (3) the action or claim is subject to dismissal based on a valid legal defense.@ G. L. c. 184, '15( c). See also RFF Family Partnership, LP v. Link Development, LLC, 849 F. Supp.2d 131 (D.Mass.2012). Accordingly, the order entered on December 12, 2013, in SUCV2013-3841, denying the motion to approve a memorandum of lis pendens is hereby vacated, and the matter is remanded to the trial court to allow the defendant=s motion. (Hines, J.) *Notice/Attest/Troy, J.