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 allege that all of the chimneys at the condominium were improperly fastened, breaching the warranty of habitability and constituting negligence. Two chimneys fell off during Hurricane Gloria in 1985, and Kaplan went up on the roof and observed that the chimneys had been connected to the roof only by 2x4s nailed to the roof sheathing. Kaplan also went into the attics of some units and was able to see that their chimneys were connected the same way. The Board of Trustees, through Kaplan, had notice of the defective chimney fastening in 1985, making the complaint filed on January 28, 1987 timely as to these claims. 8.Chimney Clearance and Framing

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