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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To summarize, the Trustees are entitled to recover damages for the defective fire walls and the lack of proper fire stops based on a theory of breach of the implied warranty of habitability. The Trustees are further entitled to recover in negligence for the leaking windows. Unfortunately, this Court is precluded from awarding damages for numerous other defects in the Cotuit Bay Condominiums, residences that the defendants advertised as “luxury” condominiums, but which were in reality shoddily constructed and substandard in many respects.