Commerce Park Realty, LLC v. HR2-A Corp.

Full title: COMMERCE PARK REALTY, LLC, COMMERCE PARK PROPERTIES, LLC COMMERCE PARK…

Court: STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. SUPERIOR COURT

Date published: Aug 22, 2019

C.A. No. PB-2011-1922 (R.I. Super. Aug. 22, 2019)

Opinion

C. A. PB-2011-1922

08-22-2019

COMMERCE PARK REALTY, LLC, COMMERCE PARK PROPERTIES, LLC COMMERCE PARK COMMONS, LLC COMMERCE PARK ASSOCIATES 4, LLC COMMERCE PARK ASSOCIATES 11, LLC UNIVERSAL PROPERTIES GROUP, INC. DARTMOUTH COMMONS, LLC WARWICK VILLAGE, LLCNICHOLAS E. CAMBIO, individually and NICHOLAS E. CAMBIO, Trustee of the NICHOLAS E. CAMBIO, RONEY A. MALAFRONTE & VINCENT A. CAMBIO TRUST and VINCENT A. CAMBIO, Plaintiffs, v. HR2-A Corp. as General Partner of HR2-A Limited Partnership, John Doe(s), the Limited Partners of HR2-A Limited Partnership and the Investors and the Beneficiaries of HR2-A Limited Partnership, HR4-A Corp., as General Partner of HR4-A Limited Partnership, John Doe(s), the Limited Partners of HR4-A Limited Partnership, MR4A-JV Corp., as General Partner of MR4A-JV Limited Partnership, REALTY FINANCIAL PARTNERS, DAVID ALLEN and DONALD BIERER and John Doe(s), the Officers and agents of REALTY FINANCIAL PARTNERS, Defendants.

Richard G. Riendeau, Esq.; Matthew J. McGowan, Esq. For Plaintiff: Robert D. Wieck, Esq.; [Interested Parties: William J. Delaney, Esq.; David P. DeStefano, Esq.; Joseph V. Cavanaugh, III, Esq. For Defendant:

TAFT-CARTER, J.

Richard G. Riendeau, Esq.; Matthew J. McGowan, Esq. For Plaintiff:

Robert D. Wieck, Esq.; [Interested Parties: William J. Delaney, Esq.; David P. DeStefano, Esq.; Joseph V. Cavanaugh, III, Esq. For Defendant:

AMENDED DECISION

TAFT-CARTER, J.

This Amended Decision is being filed to correct errors in the original Decision filed on June 19, 2019. The following amendments are therefore incorporated into the June 19, 2019 Decision:

1. The second sentence of the first full paragraph on page 9 of the original Decision is amended to read as follows:

The Four Million Dollar Note was secured by a mortgage on land in Dartmouth, Massachusetts, South Dartmouth, Massachusetts, Warwick, Rhode Island, and Coventry, Rhode Island.

2. Paragraph 3 of the Conclusion in the original Decision is amended as follows:

3. Grants the Non-Receivership Plaintiffs' Motion for Summary Judgment Pursuant to the Third Rule 16 Order in part as to Counts XIII, XIX, XXXV, and XXXVI of the Non-Receivership Plaintiffs' Complaint, and denies the motion in part as to XV and XXI of the Non-Receivership Plaintiffs' Complaint; and

3. Paragraph 4 of the Conclusion in the original Decision is amended as follows:

4. Grants the RFP Defendants' Entitlement Motion for Summary Judgment in part as to Counts XIV, XV, XX, XXI, XXXVI, XXXVIII, XXXIX, XL, XLIII, XLIV, XLV, LIII of Non-Receivership Plaintiffs' Complaint and denies the RFP Defendants' Entitlement Motion for Summary Judgment on Counts XVI, XVII, XVIII, XXII, XXIII, XXIV, XXVI, XXVII, XXVIII, XXX, XXXI, XXXII, XXXIII, XXXIV of the Non-Receivership Plaintiffs' Complaint.

The remaining contents of the original Decision as filed on June 19, 2019 remain the same.