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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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Until the appellate courts formally address the issue, there is uncertainty surrounding the fate of these cases..Consequently, if this court were to allow the defendants’ motion for partial summary judgment, there is a substantial chance the plaintiff would prevail on appeal since the trend appears to be moving in favor of permitting non-tenants’ causes of actions for personal injuries against landlords under breach of warranty of habitability theory. Once again, this court will defer its decision on the defendants’ motion for partial summary judgment.