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Certificate of Pending Litigation granted over disputed family farm but may be vacated upon payment into court.
The plaintiffs, two sisters, sued their third sister and her family members over the transfer of a family farm property.
The plaintiffs alleged that the property was transferred for less than its true value and that the defendant sister breached her fiduciary duty.
The plaintiff Liliana brought a motion for a Certificate of Pending Litigation (CPL) after discovering a new $2,000,000 mortgage on the property and a pending agreement of purchase and sale for $6.9 million.
The court granted the CPL but ordered that it could be vacated upon payment of $1,500,000 into court if the pending sale closes, balancing the plaintiffs' claims with the defendants' right to complete the transaction.
Motion for leave to appeal dismissal of strike motion denied; plaintiffs' claims regarding family farm transfer disclose reasonable cause of action.
The defendants moved for leave to appeal an order refusing to dismiss the plaintiffs' action for failing to disclose a reasonable cause of action.
The plaintiffs (two sisters) sued the defendant (a third sister) and others regarding the transfer of a family farm.
The defendants argued the plaintiffs had no legal interest in the property as mere beneficiaries under their living mother's will.
The court noted the plaintiffs each received $250,000 from the defendant sister for their interests in the farm, suggesting they did have an interest or were improperly denied one.
The court found no reason to doubt the correctness of the motion judge's decision and dismissed the motion for leave to appeal.
