McMANN v. McGOWAN

No. 06-P-1562.

71 Mass. App. Ct. 513 (2008)

PAUL McMANN vs. LINDA B. McGOWAN.

Appeals Court of Massachusetts, Middlesex.

April 7, 2008.


Attorney(s) appearing for the Case

Floyd H. Anderson for the plaintiff.

Rory Z. Fazendeiro for the defendant.

Present: COWIN, COHEN, & GRAHAM, JJ.


GRAHAM, J.

In this appeal, the plaintiff claims that a judge of the Superior Court misconstrued a contractual notice provision prescribing delivery "in hand" and, as a result, erred when he issued an order dissolving a memorandum of lis pendens and allowing the defendant's special motion to dismiss. See G. L. c. 184, § 15. We affirm.

Background. In September, 2004, the defendant accepted the plaintiff's offer to purchase property located at 22...

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