Golfco Acquisitions, Inc. v. Golftown, Inc.

This is a summary process action in which a judgment for possession was entered for the plaintiff-mortgagee upon the allowance of the plaintiffs motion for summary judgment. The defendant-mortgagor filed this Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal on the ground that the motion judge improperly barred its equitable defense of constructive trust.

The action arose out of a commercial relationship between the parties that began on February 28,2001. On that date, Paul Fireman (“Fireman”) and Stanton and Jeffrey Abrams (“the Abrams”) executed an operating agreement which created Golftown 207…