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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Phyllis Ndoro v. Maritza Torres (2024)

Citation
Phyllis Ndoro v. Maritza Torres (2024)
Parent Document
Phyllis Ndoro v. Maritza Torres (2024)
Jurisdiction
Massachusetts (state)
Effective Date
2024-12-11

Other Sections in This Document (44)

Full Text

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Ndoro's assertion that the delay in repairing the floor was due to the fact that she was unaware of the seriousness of the rotting bathroom underflooring until she reviewed the trial judge's findings is unavailing considering the undisputable evidence of notice of the floor's dilapidated condition from two separate housing agencies and Torres.[12]  Contrast Cruz Mgt. Co., 417 Mass. at 790-791 (no c. 93A violation where judge concluded conditions in leased premises were attributable to repeated negligent attempts at repair rather than knowing or willful disregard of conditions in apartment); South Boston Elderly Residences, Inc., 91 Mass. App. Ct. at 459, 470-471 (no c. 93A violation where tenant's delay in notifying landlord of habitability concerns was only cause of delay in addressing condition issues and, once notified, landlord contracted with plumber to perform repairs within one month).