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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (93)

Full Text

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The master ruled in favor of the trastees on the breach of contract claim (Count XII), finding that Bomstein had breached a contract with the trust by failing to pay $36,223 in common area fees. However, he found that the trustees had suffered no damages relating to this claim because Bomstein, through CBC, had paid more than that amount for the condominium development’s expenses and maintenance that the unit owners’ association otherwise would have paid. Thus, based on this “offset,” *260the master concluded that Bomstein was not liable to the trastees for any damages on this claim.