SCHWARTZMAN v. SCHOENING

No. 94-P-2089.

41 Mass. App. Ct. 220 (1996)

KAREN SCHWARTZMAN & another v. HARRY A. SCHOENING & another.

Court of Appeals of Massachusetts, Suffolk.

August 29, 1996.


Attorney(s) appearing for the Case

Andrew C. Schultz for the defendants.

Risa G. Sorkin (Daniel J. Kelly with her) for the plaintiffs.

Present: ARMSTRONG, JACOBS, & LENK, JJ.


JACOBS, J.

In question is the validity of a ninety-nine year lease by the defendant Schoening to his wife, the defendant Stuart, of parking spaces reserved to a unit formerly owned by Schoening and comprising part of a ten-unit residential condominium. The issue arises in the context of a declaratory action brought by the managers of the condominium, and the plaintiff Schwartzman, a subsequent owner of the unit. The

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