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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)

Citation
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Parent Document
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Jurisdiction
Massachusetts (state)
Effective Date
2005-08-12

Other Sections in This Document (37)

Full Text

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Subsequent to Banushi, the Superior Court has addressed the issue most recently in 2004 and extended the scope of the exclusion to non-owner occupied three-family units. In Hristoforidis v. Fisher, Judge Fecteau held that G.L.c. 143, §51 does not apply to a 3-family residence. (17 Mass. L. Rptr. 574) 2004 WL 1109626 (Mass.Super. April 9, 2004). Relying on Banushi, Judge Fecteau agreed with the defendant that he was entitled to judgment as a matter of law for the G.L.c. 143, §51 violation cause of action because: