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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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Finally, the judge considered Bomstein’s contention that the master erred in assessing damages by relying on the trastees’ expert’s testimony regarding “replacement” costs, when the only damages available to the trustees were those related to the “maintenance” and “repair” of the common areas, about which there had been no expert testimony. The judge concluded that because Bomstein could be held liable for failure to “[maintain], *261repair[], and replace[]” defects in the common areas, reliance on expert testimony about replacement costs was proper.