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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When the damage to properly is reasonably curable by repair, the expense of such repairs is an appropriate measure of recoveiy. Massachusetts Port Auth. v. Sciaba Constr. Corp., 54 Mass.App.Ct. 509, 516, rev. den., 437 Mass. 1104 (2002); Black v. Coastal Oil New England, Inc., 45 Mass.App.Ct. 461, 465, rev. den., 707 N.E.2d 1077 (1998). The cost of repairs must be reasonable and the repairs must be reasonably necessary in light of damage inflicted by the defendant. Massachusetts Port Auth. v. Sciaba Constr. Corp., 54 Mass.App.Ct. at 516. The plaintiff should not receive a windfall by recovering more than is fair to restore him to his position prior to the loss. Id. at 517.

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