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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In an Amended Report dated September 14, 1999, the Master found in favor of Bomstein on the misrepresentation and Chapter 93A claims. The Master found in favor of the Tmstees on the breach of contract claim for failure to pay common area fees in the amount of $36,223. The Master found in favor of the Tmstees on the breach of fiduciary duty claim against Bomstein for failure to repair certain construction detects. The Master interpreted a February 28, 1997 order of this Court (O’Neill, J.) as requiring him to limit his findings of breach of fiduciary duty to defects in the common area of which Stuart Bomstein had actual notice during his tenure as a trustee of the Association Tmst. The Master found such notice of the major defect of a lack of flashing or improper flashing in areas including the sliders, skylights, outside enclosures of the chimneys, windows, and roofs. Accordingly, the Master awarded damages in the amount of $104,022.70 to repair and/or replace the outside decks in certain units,4 the flashing around the skylights and roofs in certain units,5 and the flashing around all the slider doors in the condominium.6

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