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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Had the defendants installed windows with the proper flashing and with caulking, it would keep the elements out of the building. The construction of the clerestory windows without a header flashing was also inadequate and the lack of a header flashing on said windows allowed water to infiltrate the structure at these points. There were a total of 43 windows that leaked, which included 33 clerestory windows. In addition to those 44 windows, there were 32 windows that needed to be replaced because they were leaking *533and were not weather-tight. All of these windows had been replaced by the Defendants. In addition to those 32 windows, observations were made of moderate water damage around an additional 15 windows and five windows in Unit 6, Unit 12, Unit 60, Unit 68, Unit 82 and 88.

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