The defendants sought dismissal of the plaintiffs’ action under Rule 2.1 of the Rules of Civil Procedure on the basis that the proceeding was frivolous or vexatious.
The action arose from a dispute concerning the plaintiffs’ right to possession of premises being converted into condominiums and included allegations of conspiracy, fraud, abuse of process, malicious prosecution, misfeasance in public office, and interference with economic relations.
Although many claims against governmental actors and legal representatives had previously been dismissed under Rule 21, the remaining allegations concerned commercial torts against the building owner and developer.
The court held that Rule 2.1 is not intended for close calls and should not be used as a short form of summary judgment.
The remaining claims were not plainly devoid of merit and therefore should proceed through the ordinary litigation process.
