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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (121)

Full Text

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The Board of Trustees, by and through Kaplan, had notice of the defective chimney fastenings in 1985, making their complaint of January 28th, 1987, timely. According to Kaplan, the non-Bornstein controlled trustees first learned of the problems with chimney framing and chimney clearances in early 1987. However, these defects were not asserted in the first amended complaint filed on February 25th, 1987, the second amended complaint filed on September 22nd, 1987, or the third amended complaint filed on October 26th, 1988. RULINGS OF LAW I. STATUTE OF LIMITATIONS DEFENSE