Kenneth Loffredo v. Stephen A. Shapiro

Syllabus

The plaintiffs, Kenneth Loffredo and Michelle Loffredo, appealed from the Superior Court's grant of summary judgment in favor of the defendants on all eight counts of the plaintiffs' third amended complaint. On appeal, the Loffredos contended that the hearing justice (1) improperly interpreted and applied G.L. 1956 § 9-1-4 (the Statute of Frauds) in deciding that that statute could properly be invoked as a defense to claims stemming from an alleged oral agreement for the purchase and sale of a particular residential condominium (2) erroneously granted summary judgment against them with respect to their several claims of tortious conduct and (3) erroneously ruled that G.L. 1956 § 5-20.5-17(b) does not provide a private right of action to an aggrieved party.<br><br>The Supreme Court held that the hearing justice correctly granted summary judgment with respect to all counts except for Count Eight, concerning which fact-finding is necessary. Accordingly, the Supreme Court affirmed the judgment of the<br>Superior Court as to all counts except for Count Eight.