Opinion
No. 07-P-991.
July 9, 2009.
Decisions Pursuant to Rule 1:28.
We (1) affirm the summary judgment in favor of defendant Pengrove Building Systems, Inc., against all claims of the plaintiffs Zhu Li and Xiaozhu Zheng; (2) affirm the judgment pursuant to Mass.R.Civ.P. 12(c) in favor of the defendants-in-counterclaim Zhu Li and Xiaozhu Zheng against the counterclaims of Pengrove Building Systems, Inc., for malicious prosecution of a civil action, and abuse of process; (3) affirm the summary judgment in favor of defendants-in-counterclaim Zhu Li and Xiaozhu Zheng upon the counterclaims of Pengrove Building Systems, Inc., for breach of contract; (4) reverse the summary judgment in favor of the defendants-in-counterclaim Zhu Li and Xiaozhu Zheng upon the counterclaims of Pengrove Building Systems, Inc., for declaratory judgment; and (5) order the entry of a judgment in favor of Pengrove Building Systems, Inc., declaring that the settlement agreement and releases of August 21, 2002, in Middlesex Superior Court Civil Action No. 02-823-H, prohibit all further claims and litigation against Pengrove Building Systems, Inc., by Zhu Li and Xiaozhu Zheng arising from the purchase of their modular home from Leonard J. Wilcox and Sunrise Modular Homes, Inc., by contract made in or about December, 2001.