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FROSTAR CORP. v. MALLOY

No. 09-P-1050.

77 Mass. App. Ct. 705 (2010)

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

Appeals Court of Massachusetts, Suffolk.

September 17, 2010.

Attorney(s) appearing for the Case

Michael J. McHugh (Stacey L. 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 & others.

Present: TRAINOR, KATZMANN, & FECTEAU, JJ.

KATZMANN, J.

This is a case with a considerable history. It began in 1998 in Superior Court, and then came before us in Frostar Corp. v. Malloy, 63 Mass.App.Ct. 96 (2005) (Frostar I), where we granted a new trial. The instant appeal arises from the retrial and the judgment ordering specific performance of a contract to convey property. The parties cross-appeal on several issues. We conclude that...

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