Rubenstein v. Royal Insurance Co. of America

This appeal arises from the allowance of a motion for summary judgment on a complaint for contribution. The plaintiffs, formerly trustees of a real estate trust which owned a textile mill in Newton (trustees), were sued in 1989 by the general partners of a development company (developers) who had purchased the property from the trustees in 1985. When the developers discovered that number six fuel oil had escaped from an old underground tank located on the property, they brought a civil action against the trustees pursuant to G. L. c. 21E, §§ 4 & 5, and G. L. c. 93A, § 11 (underlying action).…