Walter M. Potenza v. Deutsche Bank National Trust Company, as Trustee for the Registered Holders of CBA Commercial Assets Small Balance Commercial Mortgage Pass-Through Certificates, Series 2006-01.
Syllabus
The plaintiffs, Walter Potenza and Carmela Natale (plaintiffs), appealed from a Superior Court decision granting judgment on the pleadings in favor of the defendant, Deutsche Bank National Trust Company, as Trustee for the Registered Holders of CBA Commercial Assets Small Balance Commercial Mortgage Pass-Through Certificates, Series 2006-01 (Deutsche Bank), in the plaintiffs' independent action in equity filed pursuant to Rule 60(b) of the Superior Court Rules of Civil Procedure. The Supreme Court concluded that the plaintiffs failed to satisfy the elements required to prevail on an independent action in equity under Rule 60(b). Thus, because the plaintiffs would not have been entitled to relief under any set of facts that could have been proven in support of their claim, the Supreme Court held that the trial justice was correct to grant Deutsche Bank's motion for judgment on the pleadings. Accordingly, the Supreme Court affirmed the order and judgment of the Superior Court.
Opinion Excerpt
Supreme Court No. 2023-291-Appeal. (PC 21-5831) Walter M. Potenza et al. : v. : Deutsche Bank National Trust : Company, as Trustee for the Registered Holders of CBA Commercial Assets Small Balance Commercial Mortgage Pass-Through Certificates, Series 2006