Domestic Loan & Investment Bank v. Ernst

Introduction

This action presents the plaintiff bank’s claims, pursuant to G.L.c. 2IE, for reimbursement for costs it incurred in responding to contamination on property it acquired by foreclosure. The defendants are two former owners of the property. Presently before the Court are the defendants’ motions to dismiss and/or for summary judgment; each defendant contends that the complaint fails to state a claim on which relief may be granted against that defendant, and that even if the complaint states a claim, the bank has no reasonable prospect of proving the essential elements of liability…