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Howard S. lived in the same apartment building as
petitioner. He became friendly with petitioner and, in 1989,
lent her $5,000. On August 1, 1989, she agreed to repay that
amount within 60 days. By the first quarter of 1991, petitioner
had repaid Mr. S. $1,300, which he acknowledged by initialing an
invoice to that effect. Mr. S.’s loan was made to petitioner
individually, but the repayment came in the form of Real Services
checks. On August 12, 1991, Mr. S. sued petitioner in both her
capacities; i.e., as “Zabetti Pappas, d/b/a/ Real Services
* * *”, with respect to the loan. He alleged, among other
things, that he had lent petitioner $3,750 and that “to date no
monies have been paid back”.
John K. was a friend of petitioner’s from their college days
at Vassar. Mr. K. believed petitioner possessed business acumen
and trusted her on the basis of their friendship. He sought
petitioner out in 1990, seeking a profitable return on money he
wished to invest. In March 1990, Mr. K. gave petitioner $10,000
to invest in real estate projects that she described. In August
1990, petitioner advised Mr. K. that she had an investment
opportunity that would return a profit in 30 days. On the basis
of this representation, he gave her an additional $5,000 to
invest. She returned to him only $1,750, in the form of a check
for $1,250, dated September 19, 1990, and the payment of $500 in
cash. Petitioner’s other checks to him were dishonored.
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