KAITZ v. PERGOLA


1997 Mass. App. Div. 29 (1997)

John Kaitz, and another v. Philip Pergola, and another

Massachusetts Appellate Division, Northern District.

March 10, 1997.


Attorney(s) appearing for the Case

Mark E. Barnett for the plaintiffs.

David P. DeStefano for the defendants.

Present: Merrick, Coven & Greco, JJ.


Merrick, J.

This is an action by plaintiffs John and Steven S. Kaitz ("the Trustees") on a promissory note ("the Note") executed by defendants Philip and Susan R. Pergola ("the Pergolas"). Pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8A, the Trustees have appealed the allowance of summary judgment in favor of the Pergolas on the parties' cross-motions for summary judgment.

In January, 1988, the Pergolas purchased a residence from one Gesner in exchange for...

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