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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)

Citation
Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Parent Document
Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Jurisdiction
Massachusetts (state)
Effective Date
2010-02-05

Other Sections in This Document (60)

Full Text

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There is no evidence in the record before me that the character or value of the premises of the premises has been compromised. Moreover, Hamilton’s allegation of negligence is not one ordinarily suited for resolution through summary judgment because, obviously, the question of negligence is usually a fact determination for the jury. Petrell v. Shaw, 453 Mass. 377, 381 (2009). However, “(t]he moving party may prevail by showing that the nonmoving party has no reasonable expectation of proving an essential element of his case at trial.” Jupin v. Kask, 447 Mass. 141, 146 (2006).