Tri-Town Construction Company, Inc. v. Commerce Park Associates 12, LLC

OPINION

Justice FLAHERTY,

for the Court.

The defendants, Commerce Park Associates 12, LLC (CPA) and Nicholas E. Cam-bio, appeal to this Court, arguing that the judgment of the Superior Court in favor of the plaintiff, Tri-Town Construction Company, Inc., was infected with four errors. The defendants argue that the trial justice erred when he granted summary judgment in favor of the plaintiffs claims for (1) breach of a promissory note and (2) breach of a guaranty of the note. CPA also challenges (3) the trial justice’s dismissal of its counterclaim pursuant to Rule 12(b)(6) of the Superior Court…