Supreme Court of Rhode Island
Plainfield Pike Gas & Convenience, LLC v. 1889 Plainfield Pike Realty Corp.
May 3, 20102010 R.I. LEXIS 98
Summary
The Rhode Island Supreme Court vacated the Superior Court’s summary‑judgment ruling and the order removing the attachment, finding that genuine issues of material fact existed regarding Plainfield Pike Gas & Convenience’s status as a nominee under the lease and that the defendant waived its statute‑of‑frauds argument. The Court remanded for reinstatement of the attachment and further proceedings. The decision rests on a de novo review of the summary‑judgment record and the requirement that a moving party produce admissible evidence showing no factual dispute.