Clifford Leary Personal Representative for the Estate of Elaine M. Leary vs. Sillari, Jr., Charles J.

SUMMARY JUDGMENT for Defendant(s), Charles J. Sillari, Jr. against Plaintiff(s), Clifford Leary Personal Representative for the Estate of Elaine M. Leary, without statutory costs.It is ORDERED and ADJUDGED: That the escrow agent holding the Deposit pay the money to defendant, Charles Salliri. Plaintiffs complaint is hereby dismissed. It is further ordered and Adjudged that the cross-motions for summary judgment with respect to the counterclaims are denied. Judge: Leibensperger, Hon. Edward P

ORDER: ON THE PARTIES CROSS-MOTIONS FOR SUMMARY JUDGMENT: (which see 4 pages) CONCLUSION: Plaintiffs complaint seeks relief in two counts: Count I for breach of contract and Count II for violation of G.L.c.93A. The premise of both counts is that there was an enforceable Agreement by which plaintiff was entitled to the Deposit. Defendants motion for summary judgment will be ALLOWED because the Agreement is unenforceable. As a result, it is hereby ORDERED that the escrow agent holding the Deposit pay the money to defendant, Charles Salliri. Plaintiffs complaint is DISMISSED. Defendant also moves for summary judgment in his favor on his counterclaims for fraud and intentional interference with contractural relations. Because those claims alleging intentional acts require a finding as to plaintiffs state of mind, I conclude that summary judgment is inappropriate. Accordingly, the cross-motions for summary judgment with respect to the counterclaims are DENIED. By the Court, Edward P. Leibensperger Justice of the Superior Court Date: June 19, 2018 Entered and copies sent 6/19/18 Judge: Leibensperger, Hon. Edward P

Charles J. Sillari, Jr.s Memorandum in support of Defendants motion for summary judgment on all claims

Defendant Charles J. Sillari, Jr.s Stipulation of Applicable Law Cited in Memorandum in Support of defendants motion for summary judgment

Plaintiff, Defendant Clifford Leary Personal Representative for the Estate of Elaine M. Leary, Charles J. Sillari, Jr.s Stipulation of Parties regarding defendants motion to strike affidavit of Cynthia Snow Esq. filed by the Plaintiff in response to defendants motion for summary judgment

Defendant Charles J. Sillari, Jr.s Motion to Strike affidavit of Cynthia Snow Esq. offered in defense of defendants motion for summary judgment

Clifford Leary Personal Representative for the Estate of Elaine M. Learys Memorandum in support of His Motion for Summary Judgment

Opposition to to defendants motion for summary judgment and plaintiffs cross motion for summary judgment filed by

Defendant Charles J. Sillari, Jr.s Motion for summary judgment, MRCP 56

Endorsement on Motion to Amend Tracking Order (8.0): ALLOWED (Dated: 1/8/18) notice sent 1/8/18 Judge: Leibensperger, Hon. Edward P

Defendant Charles J. Sillari, Jr.s Assented to Motion to amend tracking order

Received from Defendant Clifford Leary Personal Representative for the Estate of Elaine M. Leary: Answer to the Counterclaim;

Amended Answer and counterclaim Applies To: Sillari, Jr., Charles J. (Defendant)

Endorsement on Motion to amend answer to counterlcaim (5.0): ALLOWED by agreement of the parties

Defendant, Plaintiff Charles J. Sillari, Jr., Clifford Leary Personal Representative for the Estate of Elaine M. Learys Assented to Motion to amend the Answer And Counterclaim

Original civil complaint filed.