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MDG Real Estate Global Ltd. v. Berkshire Place Assocs. LP

Buyer Breached 2018 Contract, Seller May Retain $1.4 Million Escrow Deposit

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MEMORANDUM & ORDER Plaintiffs MDG Real Estate Global Limited and MDG Real Estate Global LLC (together, “MDG”) bring this action against defendants Berkshire Place Associates, LP and Berkshire Place, LTD (together, “Berkshire”). MDG seeks to vacate an arbitration award arising from a real estate sales contract dispute between the parties and to enjoin Berkshire from confirming the same in parallel litigation in the District of Rhode Island. Berkshire moves to dismiss or, in the alternative, transfer, reciting a potpourri of grounds. The District of Rhode Island has stayed its proceedings pending the resolution of this motion. For the reasons that follow, in the absence of personal jurisdiction over defendants, the action is ordered transferred, in the interests of justice and convenience, to the District of Rhode Island. Background1 On February 22, 2018, MDG entered into an agreement with Berkshire to purchase the Berkshire Place Nursing Home facility in Providence, Rhode Island. Compl., Dkt. 1-1,

3, 8. MDG conducts its business in New York, and has offices in Manhattan, Queens and Brooklyn. Id. 1. Berkshire is a Rhode Island entity with offices in or around Providence. Id. 2 MDG terminated the agreement and Berkshire began arbitration proceedings before the American Arbitration Association, claiming that MDG’s termination was improper and that Berkshire was therefore entitled to retain the $1,400,000 escrow deposit it made when the parties entered into the agreement. Id.

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