PK LLC v. Nancy Matyasovsky et al. (2010)

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION TO DISCHARGE LIS PENDENS

The court heard testimony on this matter on August 30, 2010, which revealed that a contract for the sale of property at 65, 67 and 69 South Main Street, Branford was entered into by the defendant Nancy Matyasovsky and PK & R, LLC through its principal Albert F. Ritinger, signed by Matyasovsky on May 7, 2010, and Ritinger on May 8, 2010, the following day.

Page 2 of said contract contained a Right of First Refusal in favor of Robin Sadler and Thirteen, LLC which Right of Refusal bears the date of September 22, 2006.  (Def.'s Ex. 6.) The existence of the “Right of First Refusal,” therefore, was known to RPV Property, LLC, and PK & R, LLC and Ritinger from the date of May 7th, the date of his signing the contract to purchase the property in question, as evidenced by his signature on the contract addendum bearing such date.

PK & R, LLC has filed a Lis Pendens on the property in question dated August 6, 2010, which has blocked the ability of Matyasovsky to convey the property to Sadler and Thirteen, LLC. The deposit of $1,000.00 required by the contract has been returned to PK & R. The recipients of the Right of First Refusal have given notice that they intend to exercise their right to purchase, as given to them in Addendum B to the purchase and sale agreement, dated May 20, 2010.   The closing has not taken place for the sole reason of the Lis Pendens blocking the ability of the seller to give good title to the purchaser.

The court Orders that the Lis Pendens be discharged on the land records, clearing title to the property now in the name of Nancy Matyasovsky and PK & R, LLC, thereby enabling Robin Sadler and Thirteen, LLC to close on the property pursuant to their Right of First Refusal, as soon as possible.

David W. Skolnick

Judge Trial Referee

Skolnick, David W., J.T.R.