BNE VEHICLE LEASING, INC. v. ROTHMAN


1997 Mass. App. Div. 23 (1997)

BNE Vehicle Leasing, Inc. v. David Rothman

Massachusetts Appellate Division, Northern District.

March 3, 1997.


Attorney(s) appearing for the Case

Lawrence E. O'Brien, Jr. for the plaintiff.

William J. Rooney, Jr. for the defendant.

Present: Merrick, Coven & Greco, JJ.


Merrick, J.

This is an action under a Vehicle Lease Agreement by which plaintiff BNE Vehicle Leasing, Inc. ("BNE") leased a 1989 Mazda to defendant David Rothman ("Rothman") for a four year term. BNE seeks to recover a balance allegedly due under the lease after Rothman's default and BNE's repossession and sale of the Mazda.

By answer and counterclaim, Rothman raised the only defense argued by the parties on this appeal; namely, that the parties' lease was...

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