BNE Vehicle Leasing, Inc. v. Rothman

This is an action under a Vehicle Lease Agreement by which plaintiff BNE Vehicle Leasing, Inc. (“BNE”) leased a 1989 Mazda to defendant David Roth-man (“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 a “retail installment contract” governed by G.L.c. 255B, that BNE failed to give the notice of the rights of a defaulting buyer required by G.L.C.…