Appellate Decision: New Faith v. Pizziferri

A breach of contract action in which McKenzie & Associates, P.C. represents the Plaintiff, New Faith Missionary Baptist Church. The church contracted with the Defendant, Joseph Pizziferri, to purchase land owned by him. At the time the parties entered into a purchase and sale contract, the Defendant informed the Plaintiff that the church would be purchasing the building on the land and the land to the right of and behind the building. Upon seeking to refinance the mortgage on the property purchased from the Defendant, the church was informed by the lender that it only purchased the land with the building on it and nothing more. The church commenced a lawsuit against the Defendant concerning his fraudulent actions and misrepresentations. The matter was eventually presented to the Court of Appeals which entered a decision in favor of the Plaintiff on February 23, 2012, stating that the Defendant’s “fraudulent misrepresentation was obvious.” This decision from the Appellate Court is critical to the church’s case because it reversed the prior decision of the Suffolk Superior Court which found in favor of the Defendant and dismissed the church’s case.