Berish v. Bornstein, 437 Mass. 252 (2002)

Citation: Berish v. Bornstein, 437 Mass. 252 (2002)
Parent Document: Berish v. Bornstein, 437 Mass. 252 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-06-28
Original Source: https://www.courtlistener.com/opinion/6578538/berish-v-bornstein/ ↗

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Cordy, J.
The plaintiff trustees of the Trust of the Cotuit Bay *254Condominium (unit owners’ association)5 commenced an action against the developer of the Cotuit Bay Condominium (condominium development), Stuart Bomstein (Bomstein); the original trustees of the unit owners’ association, including Jamila, Morris, and Paul Bomstein (Bomstein trustees)6; and the general contractor of the condominium development, Cotuit Bay Condominium, Inc. (CBC).7,8 In their complaint, the trustees alleged, inter alla, that Bomstein breached the implied warranty of habitability by improperly constructing the condominium development, and that he and the Bomstein trastees breached various duties by failing properly to manage the unit owners’ association and care for the common areas while they were original trustees.9

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