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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kelly v. Jones, 80 Mass. App. Ct. 476 (2011)

Citation
Kelly v. Jones, 80 Mass. App. Ct. 476 (2011)
Parent Document
Kelly v. Jones, 80 Mass. App. Ct. 476 (2011)
Jurisdiction
Massachusetts (state)
Effective Date
2011-09-26

Full Text

483 chars
The judge determined that the breach of the warranty of habitability reduced the value of the premises by forty percent from the inception of the lease through the date of trial, for a total of $4,528.86. We see no abuse of discretion as this is not an award that “ ‘no conscientious judge, acting intelligently’ could have awarded.” Aronovitz v. Fafard, 78 Mass. App. Ct. 1, 9 (2010), quoting from Twin Fires Inv., LLC v. Morgan Stanley Dean Witter & Co., 445 Mass. 411, 425 (2005).