Frostar Corp. v. Malloy

This is a case with a considerable history. It began in 1998 in Superior Court, and then came before us in Frostar Corp. v. Malloy, 63 Mass. App. Ct. 96 (2005) (Frostar I), where we granted a new trial. The instant appeal arises from the retrial and the judgment ordering specific performance of a contract to convey property. The parties cross-appeal on several issues. We conclude that the judge abused his discretion by denying a motion to intervene, pursuant to Mass.R.Civ.P. 24(a), 365 Mass. 769 (1974), brought by Michael and Kenneth Lapuck, the subsequent buyers of the property and real…