Strachan v. Sheedy

On February 12, 2000, this matter was before the court on plaintiffs’ motion to dismiss defendants’ counterclaim for abuse of process.3 Plaintiffs argue that the counterclaim should be dismissed because the filing of this case and the obtaining of a lis pendens does not constitute an abuse of process.

For the following reasons, plaintiffs’ motion to dismiss is DENIED.

BACKGROUND

On September 29, 2000, defendant Laura Sheedy and Robert Cunningham, Trustee, signed plaintiffs offer to purchase Sheedy’s property at 11 Harrington Road in Lexington. The offer stated that it was “subject to mutually…