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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)

Citation
Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
Parent Document
Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-02-25

Full Text

1,177 chars
Background. "Given that this is an appeal from a motion to dismiss, we summarize the pertinent facts as set forth in the complaint and the exhibits attached thereto." Dartmouth v. Greater New Bedford Regional Vocational Tech. High Sch. Dist., 461 Mass. 366, 368 (2012). The plaintiffs lived together at an apartment complex owned by the defendant Bell at Salem Station (Bell), and managed by the defendant Tristan Roberts. In 2016, the plaintiffs filed formal complaints with the Salem Police Department and the board of health after Bell and Roberts failed to address purported violations of the State sanitary code and noise complaints in the apartment complex.5 After one conversation between Roberts and DuLaurence regarding those issues, Roberts stated, "in front of others," that "although DuLaurence tells everyone he is a lawyer, he is lying, everyone knows he is not a lawyer." This statement "caused both plaintiffs stress and anxiety." The plaintiffs subsequently sent Bell a purported demand letter pursuant to c. 93A, contending that Bell illegally required tenants to purchase increased insurance coverage with a limit of $ 100,000 in order to renew their leases.