Thames River Associates Ltd. Partnership v. Guiel (In Re Thames River Associates Ltd. Partnership)

MEMORANDUM OF DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

ROBERT L. KRECHEVSKY, Chief Judge.

I

In this proceeding the co-plaintiffs, Thames River Associates Limited Partner ship, the debtor in possession (the debtor), and Shawmut Bank, N.A. (the Bank), the holder of a first mortgage on the debtor’s property, seek a judgment avoiding a mechanic’s lien recorded against the property by the defendant, William J. Guiel and Son (Guiel). The plaintiffs allege Guiel executed a lien waiver relinquishing its lien rights to the property. Guiel has moved for summary judgment contending the doctrine of…