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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As discussed supra, the Trustees first learned of problems with chimney framing and chimney clearance in early 1987. However, the Trustees failed to assert a claim based on these defects 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. Given the failure to assert chimney clearance and framing as specific defects for which damages were sought until the second trial on January 10, 2005, a breach of implied warranty of habitability claim based on these defects is time-barred. III. NEGLIGENCE

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