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BEACONSFIELD TOWNE HOUSE CONDOMINIUM TRUST v. ZUSSMAN

401 Mass. 480 (1988)

517 N.E.2d 816

BEACONSFIELD TOWNE HOUSE CONDOMINIUM TRUST vs. DAVID ZUSSMAN, trustee, & others.

Supreme Judicial Court of Massachusetts, Norfolk.

January 11, 1988.

Attorney(s) appearing for the Case

Henry P. Sorett for the plaintiff.

Charles R. Bennett, Jr., for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH & O'CONNOR, JJ.

LIACOS, J.

This case concerns the validity of a lease of a portion of the common areas owned by the Beaconsfield Towne House Condominium at 120 Beaconsfield Road, Brookline The lease in issue purports to create a leasehold interest in twelve parking spaces for persons not members of the condominium trust. The trial judge treated the claim as one sounding in contract, and granted summary judgment for the defendant on the...

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