FROSTAR CORP. v. MALLOY

No. 03-P-851.

63 Mass. App. Ct. 96 (2005)

FROSTAR CORP. & another v. MARTIN J. MALLOY & others.

Appeals Court of Massachusetts, Suffolk.

March 7, 2005.


Attorney(s) appearing for the Case

Thomas Bhisitkul (Stacey Coady with him) for the plaintiffs.

William E. Gens for Martin J. Malloy.

James R. DeGiacomo (Elizabeth A. Kowal with him) for Michael S. Lapuck & another.

Present: DUFFLY, COHEN, & GREEN, JJ.


GREEN, J.

In their Superior Court jury trial, the parties advanced conflicting theories to explain why plaintiff Frostar Inc. did not close on the purchase from defendant Martin J. Malloy, as trustee of the 33 Norfolk Avenue Realty Trust, of real estate located at 16 Howard Street in the Roxbury section of Boston. Frostar contended that Malloy had wrongfully withheld a promised environmental report until virtually...

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