Bottomly v. Kabachnick

The plaintiffs brought suit in the Superior Court against the defendant seeking either specific performance of a memorandum of sale executed at a mortgagee’s foreclosure sale or, in the alternative, money damages resulting from the alleged failure of the defendant to perform the sale. After argument, the defendant’s motion for summary judgment was allowed, and the case was reported by the motion judge for a determination of the correctness of the decision. We hold that the ruling reported to this court is correct, and that summary judgment was properly granted in favor of the defendant.

The…