DiBiase v. DiBiase

This action arises out of a series of business transactions involving real estate trusts. Plaintiff Elio DiBiase now seeks determination of title to the Highland Avenue Condominium (the “Condominium”) located in Malden, the subject property of the DiBiase Malden Realty Trust (“Maiden Trust”). Plaintiff alleges that the Quitclaim Deed transferring the property to the Malden Trust was obtained through fraud. Plaintiff also seeks to have a constructive trust imposed upon the Condominium. Defendant Ugo DiBiase has moved for summary judgment on several grounds. Plaintiff has moved for partial…