Roberts-Neustadter Furs, Inc. v. Simon

The plaintiff (lessee) brought this action in the Superior Court seeking specific performance by the defendants (lessors) of an option agreement in the parties’ lease. This option required, upon proper exercise by the plaintiff, that the defendants convey the property containing the leased premises. The defendants answered and counterclaimed. On cross motions for summary judgment under Mass.R.Civ.P. 56, 365 Mass. 824 (1974), a judge of the Superior Court granted the defendants’ motion and denied the plaintiff s motion. The plaintiff has appealed from the judgment dismissing its complaint. We…