Midland Hotel Corp. v. Preferred Motor Inns of New England, Inc.

Neel, Stephen E., J.

Plaintiff Midland Hotel Corp. and third-party defendant Manfeld Hotel Enterprises (together, Midland) move for summary judgment against defendant Preferred Motor Inns of New England, Inc. (Preferred), seeking a declaration of their entitlement to a $500,000 deposit paid into escrow by Preferred as buyer under a purchase and sale agreement. Preferred moves for summary judgment on its counterclaim and third-party claims, seeking return of its deposit. For the reasons set forth below, Midland’s motion will be allowed, and Preferred’s motion will be denied.

BACKGROUND

The…