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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

Other Sections in This Document (121)

Full Text

417 chars
This Court is mindful of the defendant’s position that the Trustees should not be given two bites at the apple" with respect to the fire walls and fire stops. However, the Master did not award any damages for these defects, and regardless of whether the Trustees agreed to forego recovery in front of the Master for breach of fiduciary duly, they may recover for breach of the warranty of habitabfiify and negligence.