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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As to the proper measure of damages, the declaration of trust imposed on the trustees the obligation to “provide for the necessary work of maintenance, repair and replacement of the common areas and facilities and payments therefor.” The master concluded that Bomstein breached this obligation by failing to undertake the necessary repairs, and assessed the amount of damages as “the fair and reasonable value of the labor and materials” to replace the defective decks, to install flashing, to repair the sliding doors, and to repair the chimneys and skylights. Bomstein contends that the measure of damages should not have been the cost of repairs but rather the difference between the fair and reasonable value of the repairs if undertaken now, and their value if undertaken when Bomstein was a trustee. As to what that difference might be, Bomstein claims that the plaintiffs have offered no evidence.

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