Cumberland Farms, Inc. v. Marchese

INTRODUCTION

Plaintiff Cumberland Farms Inc. (“CFI”) has brought this action for liquidated damages pursuant to a purchase and sale agreement executed with the defendant, Joseph Márchese (“Márchese”). Márchese filed a third-party complaint against LaSalle Partners Limited Partnership (“LaSalle”). He seeks summary judgment against CFI which filed a cross motion for *437summary judgment. LaSalle moves for summary judgment with respect to the third-party claims. For the reasons discussed below, Marchese’s motion is DENIED, CFI’s cross motion is ALLOWED, and LaSalle’s motion is ALLOWED.

BACKGROUND1

On…