Marshall v. McDonnell

Agnes, A.J.

After hearing, and based on a consideration of the affidavits and exhibits in this case, the plaintiffs motions for Lis Pendens and for a preliminary injunction are ALLOWED.

DISCUSSION

The parties signed an “Offer to Purchase Real Estate” that resembles the document which was deemed to be a binding agreement in McCarthy v. Tobin, 429 Mass. 84 (1999). See also Hunneman & Company v. Nigro, 2000 WL 12451 (BMC Appellate Div.) (1 /3/2000) (Somerville, J.). The terms are set forth on a standard, pre-printed form like the form that was considered in the McCarthy case. The offer to purchase…