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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b. Negligence claims (Counts 1 and II). The judge dismissed the trustees’ claims for negligent construction against Bornstein (Count I) and CBC (Count II) because the complaint “fails to assert any damage other than the allegedly defectively designed and constructed condominium itself, [and therefore] this claim is barred by the ‘economic loss’ doctrine.” The judge noted that “the only damages which the plaintiffs have alleged in their complaint is the ‘substantial expense’ they will likely incur in *267correcting the alleged defects and deficiencies.” Therefore, the judge concluded that “[tjhis is essentially a claim for ‘economic loss’, as the plaintiffs have not plead[ed] any personal injury or physical damage to property separate and apart from the allegedly defective building itself.”

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