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 have established that the defendants failed to use reasonable care in the design and construction of the fire walls and fire stops. The fire walls failed to comply with 909.1.2 and 909.4 of the 1980 Code, and the fire stops failed to comply with sections 919.6.4 and 2103.2.7 of the 1980 Code. See McAllister v. Boston Housing Auth., 429 Mass. at 305. Nonetheless, despite the serious safety threat posed by these defects, the Trustees are barred from a negligence recovery by the economic loss doctriné because they have failed to demonstrate property damage beyond the defects in the condominium units themselves. See Berish v. Bomstein, 437 Mass. at 268. 6.Chimney Connections

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