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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Plaintiff subsequently filed a Complaint against the defendants, alleging: (I) Negligence; (II) Strict Liability under G.L.c. 143, §51; and (III) Breach of Warranty of Habitability. On August 24, 2000, the parties stipulated that Count II, Strict Liability under G.L.c. 143, §51, be dismissed without costs. Under Count III, defendants now move for summary judgment on two grounds: (1) a claim for breach of the warranty of habitability is not available to the plaintiff as a non-tenant, and (2) a claim for breach of the warranty of habitability does not arise out of accidents occurring in common areas. DISCUSSION 1. Standard for Summary Judgment

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