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/ ↗

Full Text

916 chars

The Trustees allege that all of the cut-in decks at the condominium leaked, breaching the warranty of habitability and constituting negligence. In 1985, Kaplan observed drywall hanging in the kitchen area beneath the cut-out deck in unit 2. In 1985 or 1986, Kaplan observed drywall hanging and staining in the kitchen and foyer ceilings beneath the cut-in deck in unit 13. Kaplan noticed that the deck was slanted toward the house, causing water to accumulate. It was obvious to the naked eye, using a ladder and a tape measure, that the pitch of the decks in unit 5 and unit *53919 was incorrect. The other trustees first learned of a problem with the cut-in decks in mid-1986. Based on Kaplan’s knowledge as the managing trustee, the Board of Trustees had notice of this defect some time in 1985 and the statute of limitations began to run at that time. The plaintiffs’ claims for this defect are therefore timely.

Other Sections in This Document (121)

Full Text