282 SHORE DRIVE REALTY TRUST v. BARRY P. WILENSKY, as Personal Representative of the Estate of Margaret V. Herrity and 25 Naushon Road Realty Trust, and ROBERT LAUCK.

Plaintiff Charlotte M. Gildea, as Trustee of the 282 Shore Drive Realty Trust, filed this action against attorney Barry P. Wilensky, the personal representative of the Estate of Margaret V. Herrity, on September 21, 2017. Gildea's Verified Complaint contained four counts. Count I called for specific performance of an alleged agreement by Wilensky to sell to Gildea a property located at 25 Naushon Road in Mashpee, Massachusetts. Count II claimed that Wilensky had breached that contract with Gildea. Count III asserted that Wilensky had violated the covenant of good faith and fair dealing in his dealings with Gildea. Finally, Count IV contended that Wilensky had violated G.L. c. 93A. The latter three counts sought damages.

On October 2, 2017, attorney Wilensky moved under G.L. c. 184, § 15(c) for dismissal of Trustee Gildea's complaint. This Court denied Wilensky's motion on October 20, 2017. That same day, this Court dismissed Counts II-IV of Gildea's complaint for lack of subject-matter jurisdiction. Wilensky subsequently answered Gildea's complaint. On October 31, 2017, Robert Lauck moved to intervene in this action. The Court granted Mr. Lauck's motion; he subsequently answered Gildea's complaint and cross-claimed against Wilensky for specific performance of a different alleged contract, this one between Wilensky and Lauck, to sell 25 Naushon Road.

Trustee Gildea later moved for summary judgment on Count I of her complaint. Attorney Wilensky and Mr. Lauck cross-moved for summary judgment against Gildea on Count I of her complaint, and Lauck moved for summary judgment against Wilensky on Lauck's cross- claim for specific performance. For the reasons set forth in the Decision of this same date, based on the undisputed facts and the arguments of counsel, the Court GRANTS Wilensky and Lauck's cross-motions for summary judgment against Gildea, DENIES Gildea's motion for summary judgment, and DENIES Lauck's motion for summary judgment against Wilensky. It is therefore

ORDERED, ADJUDGED and DECREED that judgment shall hereby enter in FAVOR of attorney Barry Wilensky, as personal representative of the Estate of Margaret V. Herrity; in FAVOR of Robert Lauck; and AGAINST Charlotte M. Gildea, as Trustee of the 282 Shore Drive Realty Trust, on Count I of Trustee Gildea's Verified Complaint. Count I of Trustee Gildea's Verified Complaint is hereby DISMISSED, with prejudice. It is further

ORDERED, ADJUDGED and DECREED that Counts II-IV of Trustee Gildea's Verified Complaint are hereby DISMISSED, without prejudice, for lack of subject-matter jurisdiction. It is further

ORDERED, ADJUDGED and DECREED that judgment shall hereby enter in FAVOR of attorney Barry Wilensky, as personal representative of the Estate of Margaret V. Herrity, and AGAINST Robert Lauck, on Mr. Lauck's Cross-Claim against attorney Wilensky. Mr. Lauck's Cross-Claim is hereby DISMISSED, with prejudice.

SO ORDERED.