DONALD TRABOINI and JACQUELINE GORGONIO DE ALMEIDA v. PENELOPE W. KIRK and EDWARD C. SCHEIDELER, as TRUSTEES of the 154 POPLAR STREET REALTY TRUST. [Note 1]

This court has today issued a decision granting summary judgment to Defendants, denying Plaintiffs' claim for specific performance of a contract for the purchase of Defendants' property located at 154 Poplar Street in Roslindale (Premises). In accordance with the decision and with other rulings previously made, it hereby is

ADJUDGED and ORDERED Defendants have not breached the Purchase and Sale Agreement between the parties for the Premises owned by Defendants and more fully described in a deed recorded with the Suffolk Registry of Deeds in Book 45171, at Page 10; it is further

ADJUDGED and ORDERED Plaintiffs' claim that Defendants breached the covenant of good faith and fair dealing is DISMISSED without prejudice; it is further

ADJUDGED and ORDERED Plaintiffs' count brought pursuant to G. L. c. 93A, is DISMISSED without prejudice; and it is further

ADJUDGED and ORDERED that, upon payment of applicable registry fees, a copy of this Judgment may be recorded with the Suffolk County Registry of Deeds and, in the event there is no appeal from this Judgment, Defendants may apply to the Recorder's office for a clerk's certificate which may also be presented for recording, thereby releasing the memorandum of lis pendens previously approved by this court and recorded with the registry.

By the Court.