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SERONICK v. LEVY; SCHONFELD

No. 87-782.

26 Mass. App. Ct. 367 (1988)

527 N.E.2d 746

LEWIS M. SERONICK, trustee, vs. ELIOT LEVY; BARBARA SCHONFELD, third-party defendant.

Appeals Court of Massachusetts, Norfolk.

September 2, 1988.

Attorney(s) appearing for the Case

Preston W. Halperin (Robert W. Levy with him) for Eliot Levy.

Mark Schonfeld for Barbara Schonfeld.

Present: PERRETTA, DREBEN, & KASS, JJ.

KASS, J.

As background to the controversy, it is necessary to describe the terms and appearance of the mortgage note which spawned it. Barbara Schonfeld (she was then Barbara Sussman) and Eliot Levy signed a mortgage note, dated October 2, 1970, in the principal amount of $53,508.57, payable to Lewis M. Seronick, trustee of Lou-El Real Estate Trust. Schonfeld's and Levy's signatures at the foot of the note were unadorned

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