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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mitchell-Gionet v. Markowski, 3 Mass. L. Rptr. 45 (1994)

Citation
Mitchell-Gionet v. Markowski, 3 Mass. L. Rptr. 45 (1994)
Parent Document
Mitchell-Gionet v. Markowski, 3 Mass. L. Rptr. 45 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-11-09

Full Text

555 chars
This matter is before the court on the Motion to Dismiss presented pursuant to Mass.R.Civ.P. 12(b)(6) by defendants Eugene Markowski, Jr. and Michelle S. Markowski (the Markowskis). Specifically, the Markowskis seek to dismiss Count V of the Amended Complaint by the Intervening Plaintiff Karen Dupont who brings suit individually and as administratrix of the estate of Keith Dupont, Jr. and as next friend of her minor daughter Karin Dupont. Count V alleges a breach of the warraniy of habitability. For the following reasons, the motion is DENIED. FACTS