CAB REALTY, LLC v. ANNE MARIE EARLY aka ANNE MARIE EARLY, TRUSTEE OF 301 NORTH MAIN STREET REALTY TRUST and TRUSTEE OF 307 NORTH MAIN STREET REALTY TRUST.

In October of 2005, non-party Uxbridge C&B Associates, LLC executed two deeds, conveying two small parcels of land in Uxbridge, Massachusetts to Defendant Ann Marie Early, in her capacity as Trustee of two different realty trusts. Almost eight years later, Plaintiff CAB Realty, LLC filed this lawsuit claiming that, as a result of "inadvertence or mutual mistake," the two deeds failed to include Plaintiff and another non-party, KML Realty Trust, as co-grantees with Defendant. The single count Complaint, filed on March 28, 2013, and subsequently amended by right on April 30, 2013 (the "Amended Complaint"), prays for reformation of the two deeds to include Plaintiff and KML Realty Trust as grantees, to correct the alleged mistakes. [Note 1]

On October 31, 2016, Plaintiff failed to go forward with its case on the date scheduled for trial. The court, taking into consideration the lack of ambiguity in the subject deeds and other agreed-upon instruments, as well as the agreed facts set forth in the Joint Pretrial Conference Memorandum, allowed Plaintiff to instead proceed with a summary judgment motion to be based primarily on those agreed facts and exhibits. Plaintiff filed its Motion for Summary Judgment on December 2, 2016, primarily arguing a newly-raised theory of constructive trust, as opposed to the deed reformation claim asserted in its Amended Complaint. On December 30, 2016, Defendant opposed Plaintiff's Motion for Summary Judgment and also filed a Cross-Motion for Summary Judgment, which Plaintiff opposed on March 1, 2017. The court took the cross-motions under advisement following a hearing conducted on March 2, 2017.

In its Decision Granting Defendants' Cross Motion for Summary Judgment and Denying Plaintiff's Motion for Summary Judgment, issued April 23, 2018, this court determined that Plaintiff is not entitled to summary judgment in its favor, either reforming the deeds for the two lots or imposing a constructive trust on those lots but that Defendant was entitled to summary judgment dismissing Plaintiff's Amended Complaint. Accordingly, for the reasons set forth in the court's April 23, 2018 Decision, it is hereby

ORDERED and ADJUDGED that Plaintiff's Motion for Summary Judgment is DENIED and Defendants' Cross-Motion for Summary Judgment is ALLOWED; it is further hereby

ORDERED and ADJUDGED that Plaintiff's Amended Complaint is DISMISSED with prejudice.

SO ORDERED.