Arthur Goldberg, as Nominee for Judith P. Schlager (the Buyer) filed Complaint in this action was filed on January 5, 2018. The Plaintiff's Motion for a Short Order of Notice for the Issuance of a Memorandum of Lis Pendens as to property of Defendants Alisa Savitz and Jonathan S. as trustee of the Peter Savitz 1999 Family Trust; and Jonathan Savitz, Perter H. Savitz, and Andrew Shabshelowitz, as personal Representatives of the Estate of Herbert David Savitz (collectively the Sellers) was filed and allowed on January 5, 2017. The court heard the motion for lis pendens on January 9, 2018, at which time the court allowed the motion and endorsed the Memorandum of Lis Pendens. The Plaintiff's Motion to Amend Complaint, as a Matter of Right Pursuant to Mass. R. Civ. P. 15(a) for Declaratory Relief, Specific Performance, and Request for the Issuance of a Memorandum of Lis Pendens and First Amended Complaint for Declaratory Relief, Specific Performance, and Request for the Issuance of a Memorandum of Lis Pendens were filed on January 22, 2018. The Defendants Answer to First Amended Complaint was filed on February 14, 2018. The Defendants' Motion for Leave to Amend Answer and Defendant's Amended Answer to First Amended Complaint were filed on February 21, 2018. On February 28, 2018, the Defendants' Motion for Leave to Amend Answer was allowed and the Amended Answer was deemed filed.
A trial was held on May 2 and 4, 2018. The Plaintiff's Motion to Strike Section (V)(C) (pp.28-30) of the Defendants' Post Trial Brief, to Impound Said Stricken Section and Corresponding Reference on P. (II) of the Table of Contents and for Sanctions, and Memorandum in Support of Motion to Strike and for Sanctions were filed on June 4, 2018. Closing arguments were heard on June 5, 2018, and the case was taken under advisement. In a Decision of even date, the court (Foster, J) has made findings of fact and rulings of law.
In accordance with the court's Decision issued today, it is
ORDERED, ADJUDGED, and DECLARED that the obligations of the Buyer and the Sellers to perform under the Offer to Purchase (OTP) the Sellers' real property known as Unit 11D of the condominium known as The Belvedere Condominium a/k/a The Belvidere Condominium, located at 100 Belvidere Street, Boston, Massachusetts (the Property), were terminated after the parties failed to execute a Purchase and Sale Agreement as required by the OTP, the Buyer terminated the OTP, and the Sellers accepted the termination. It is further
ORDERED, ADJUDGED, and DECLARED that as the parties' rights and obligations under the OTP were terminated, the Buyer is not entitled to specific performance of the agreement for the sale of the Property. It is further
ORDERED and ADJUDGED that the First Amended Complaint is DISMISSED with prejudice. It is further
ORDERED, ADJUDGED, and DECLARED that the Memorandum of Lis Pendens endorsed on January 9, 2018, and recorded with the Suffolk Registry of Deeds (registry) on January 10, 2018, at Book 59047, Page 24, is hereby DISSOLVED. It is further
ORDERED, ADJUDGED, and DECLARED that a copy of this judgment may be filed in the registry and marginally referenced on all relevant documents.
By the Court.
ARTHUR GOLDBERG, as Nominee for Judith P. Schlager, v. ALISA SAVITZ and JONATHAN S. SAVITZ, as Trustees of the Peter Savitz 1999 Family Trust, and JONATHAN SAVITZ, PETER H. SAVITZ and ANDREW SHABSELOWITZ, as Personal Representatives of the Estate of Herbert David Savitz.