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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sung Ying Chiu v. City of Portland, 2002 ME 8 (2002)

Citation
Sung Ying Chiu v. City of Portland, 2002 ME 8 (2002)
Parent Document
Sung Ying Chiu v. City of Portland, 2002 ME 8 (2002)
Jurisdiction
Maine (state)
Effective Date
2002-01-17

Other Sections in This Document (70)

Full Text

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[¶ 15] From the facts presented, a factfinder could determine that the Keasts would have been able to affix a storm-window/screen combination sash onto the exterior of the window, repair the deteriorated wood on the exterior of the window, and make other repairs from outside of the building, without ever having to enter the apartment. Like painting the exterior of the building or fixing the exterior roof of the tenement, the fact that the Keasts could, at least to some extent, repair and maintain the window wholly from outside points to the Keasts having at least some control over the window for purposes of maintenance and repair. Because the Chi-us have raised an issue of material fact in opposition to the Keasts claim that the exterior window was under the exclusive control of the Chius, the court erred in entering summary judgment on Count I. 6 II.