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
Original Source
https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

Other Sections in This Document (121)

Full Text

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The Trustees allege that the fire separation walls were inadequate, breaching the warranty of habitability and constituting negligence. In 1984 and 1985, as managing trustee, Kaplan went into the attic and observed with the naked eye that there were a number of instances of firewall defects where the sheetrock was not properly taped and compounded. The other Trustees first became aware of the inadequate firewalls in 1987 as a result of the LEA report. Even using 1984 as the accrual date, the plaintiffs’ claims for inadequate firewalls are timely. 6.Firestops