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 Trustees claim that the defendants breached the warranty of habitability and were negligent by failing to provide a weather-resistant membrane on buildings 1, 2, 3, 4 and 7, and by the existence of gaps in the building wrap on buildings 8 and 9. According to Burton Kaplan, who served as the managing trustee of the Board of Trustees from 7/84 to 7/86 and as president of the ad hoc owner’s committee from 1984-1985, the lack of a weather-resistant membrane first manifested itself to the trustees in 1986-1987. However, this defect was not asserted in the First Amended Complaint filed on February 25, 1987, the Second Amended Complaint filed on September 22, 1987, or the Third Amended Complaint filed on October 26, 1988, nor was it addressed in the Master’s Report following the first trial.

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