Simko v. LaMorte

This is an appeal by the defendant, Nicholas D. LaMorte, trustee, from a decision of the *794trial court denying his motion to vacate an execution that had been levied upon his trustee account.

The relevant facts are not in dispute. The defendant represented the plaintiffs in a real estate closing. The closing generated proceeds in the amount of $35,000, which were entrusted to the defendant, who placed them in his trustee account. On June 5, 1983, the defendant signed a promissory note, as trustee, under which he was to pay the plaintiffs $35,000 with interest over a five year period. The…