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 lack of fire stops in the chimney vents violated sections 919.6.4 and 2103.2.7 of the 1980 Code. The inadequate fire stops, which could allow smoke and flames to travel and spread quickly to other areas of the unit, were a defect caused by the defendants’ improper design or workmanship. Finally, the inadequate fire stops created a substantial question of safety as to one or more individual units in the condominium and therefore, constituted a breach of the warranty of habitability. See Berish v. Bomstein, 437 Mass, at 266. 7.Chimney Fastening