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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This Court finds that the Trustees have failed to prove by a preponderance of the evidence any causal relationship between the improper bathroom ventilation and the mold that was found within the units. There were only one to two units that had a probability of molds being the source and, of all of the units, there was no evidence with respect to a routine maintenance program of the HVAC unit which is a likely source and cause of most of the mold odors. Therefore, the court concludes that the Trustees have not proven their case by a preponderance of the evidence with respect to the molds and any damages that may be relating to its remediation. 3. Attic Ventilation

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