Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)

Citation: Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
Parent Document: Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
Jurisdiction: Massachusetts (state)
Effective Date: 2001-05-13
Original Source: https://www.courtlistener.com/opinion/8354352/ruiz-v-pelson-realty-trust/ ↗

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Agnes, A.J.
This is a civil action in which the plaintiff, who was a guest in her relative’s apartment when she slipped and fell on the front; exterior steps, alleges that the defendants are liable to her for damages on grounds that the landlord was both negligent and breached the implied warranty of habitability. Defendants, Pelson Realty Trust and Thomas Peluso (defendants), now move for partial summary judgment as to Count III of plaintiffs complaint in which she alleges a breach of the warranty of habitability on grounds that this cause of action is not available to a non-tenant. After oral argument as well as a thorough review of both parties memorandum and supplemental memorandum, the defendants’ request for partial summary judgment is hereby DENIED. BACKGROUND

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