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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The judge next considered the master’s ruling on the issue of Bomstein’s breach of fiduciary duty. He found that, although the master had narrowed this claim before trial to a claim against Bomstein individually for his acts as a trustee of the unit owners’ association, the master had exceeded that limitation by effectively finding Bomstein liable not only as trustee of the unit owners’ association, but also as trustee of the nominee trust, and as the developer. Therefore, he remanded this claim to the master “to make findings of damages limited to Bomstein’s failure to maintain, repair and replace common areas from October 1981 to July 1985 in breach of his fiduciary duty as Trustee of the [unit owners’ association]” only.

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