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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Accrual of the three-year statute of limitations depends on the knowledge of the individual unit owner as to a particular defect. See Berish v. Bomstein, 437 Mass. at 264 n.25. The problem of inadequate staircase headroom was first brought to the attention of trustees in late 1984, presumably by the individual unit owners, at least one of whom hit his head, requiring his head to be bandaged. However, the Trustees failed to file a claim based on the lack of headroom clearance 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. Rather, they asserted this particular defect for the first time during the second trial on January 10, 2005. Accordingly, a breach of implied warranty of habitability claim seeking damages for inadequate headroom clearance in individual units is time-barred.11

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