Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

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The relevant counts of the Trustees’ Third Amended Complaint, filed on November 15, 1988, alleged negligence by Bornstein (Count I) and CBC (Count II), misrepresentation by Bornstein (Count IX), breach of the implied warranty of habitability by Bornstein *531(Count X), breach of fiduciary duty by Bomstein (Count XI), breach of contract by Bomstein (Count XII), violation of Chapter 93A by Bomstein (Count XIII), and breach of fiduciary duty by the other original tmstees (Counts XIV through XVII). Prior to trial, in December of 1993, this Court (O’Neill, J.) dismissed Counts I and II based on the economic loss doctrine, and dismissed Count X on the ground that Massachusetts did not recognize a cause of action for breach of implied warranty arising from the sale of a condominium. The Tmstees filed, without success, a petition in the Appeals Court seeking relief from the order of dismissal. In denying said petition, Dreben, J. wrote “that... it is suggested that any additional otherwise admissible evidence, if any, is only relevant to the dismissed counts also be admitted.” Berish v. Bornstein, Appeals Court Docket No. #94-J-35.

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