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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rice v. Apazidis, 26 Mass. L. Rptr. 451 (2010)

Citation
Rice v. Apazidis, 26 Mass. L. Rptr. 451 (2010)
Parent Document
Rice v. Apazidis, 26 Mass. L. Rptr. 451 (2010)
Jurisdiction
Massachusetts (state)
Effective Date
2010-02-23

Full Text

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The plaintiff and “lawful visitor” in Scott was at a friend’s apartment when he fell from a broken porch railing. Id. at 792. This detail is contained in the Court’s summary of what it characterized as “the essential background and facts.” Id. at 791. The issue before the Court was whether the plaintiff, as a guest of a tenant, had the right to recover under the warranty. Id. at 794. The Court recognized that the warranty of habitability “arises from the residential leasing contract between landlord and tenant. . .” Id.