The court granted defendants’ motion for a stay pending appeal in a property dispute between Homeowner’s Rehab, Inc. and Memorial Drive Housing, Inc. against Related Corporate V SLP, L.P. and Centerline Corporate Partners V L.P. The stay enjoins the plaintiffs from selling or transferring property located at 808-812 Memorial Drive in Cambridge while the defendants pursue their appeal of an earlier summary judgment ruling.
The court imposed the stay based on two key representations by defense counsel. First, the time period for Homeowner’s Rehab to exercise rights under a Right of First Refusal and Option Agreement dated July 10, 1997 will be tolled during the pendency of the litigation. Second, both parties agreed to cooperate and make reasonable efforts to expedite the appeal process. The stay remains in effect until the appeal concludes or until the court issues a further order.
The full text of the opinion follows below. Slip opinions are subject to formal revision; the official version is published in the official reports.
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss.
SUPERIOR COURT
CIV. NO. 14-3807 BLS2
HOMEOWNER’S REHAB, INC., and
MEMORIAL DRIVE HOUSING, INC.
Plaintiffs
vs.
RELATED CORPORATE V SLP, L.P. and
CENTERLINE CORPORATE PARTNERS V L.P.,
Defendants
ORDER
This matter having come before the Court on the Defendants’ Motion for Stay Pending Appeal, the Motion is ALLOWED and it is ORDERED that plaintiffs are restrained and enjoined from selling or transferring the property located at 808-812 Memorial Drive, Cambridge, Massachusetts, pending the outcome of the defendants’ appeal of the Judgment in this matter or upon further Order of this Court. The Court issues this Order based on the representation of defense counsel at the hearing that: 1) the time period for Plaintiff Homeowner’s Rehab, Inc. to exercise any rights under the Right of Frist Refusal and Option Agreement dated July 10, 1997 is tolled for the period that this litigation has been and remains pending; and 2) the parties will cooperate and make reasonable attempts to expedite the appeal of this Court’s decision on Plaintiffs’ Motion for Summary Judgment.
_________________________________
Janet L. Sanders
Justice of the superior Court
Dated: October 18, 2016