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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)

Citation
Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Parent Document
Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Jurisdiction
Massachusetts (state)
Effective Date
2001-09-25

Other Sections in This Document (50)

Full Text

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Thereafter, on October 25, 2000, Fennelly filed the present complaint alleging a breach of the Lease in Count I; violation of federal law governing Section 8 housing in Count II; violation of G.L.c. 186, §14 in Count III; violation of G.L.c. 186, §15F in Count IV; violation of G.L.c. 184, §18 in Count V; breach of the implied warranty of habitability in Count VI; and negligence in Count VII. On November 7, 2000, this Court (Neel, J.) issued a Memorandum of Order on the Plaintiffs Application for a Preliminary Injunction denying Fennelly’s request for an order allowing her to immediately re-occupy the Unit, but restraining the defendants from leasing the Unit to any third party. JRM eventually repaired the Unit to habitable condition and the Woburn Fire Department issued a certificate of occupancy for the Unit on November 13, 2000. (Agreed Facts ¶¶18, 19.) On November 30, 2000, Kimball and JRM filed a counterclaim against Fennelly alleging breach of the Lease in Count I and negligence in Count II. DISCUSSION