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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Testimony from witnesses that, in 1985 and after, they observed that there was no flashing installed around windows and skylights, that the chimneys were not securely fastened, that there was inadequate attic ventilation, and that the decks were rotting, had “some probative value” to demonstrate that Bomstein and the Bomstein trustees failed to effectuate the necessary repairs to the condominium development in breach of *273their fiduciary obligations. Although contemporaneous observations might have been more probative, on the facts of this case we conclude that “the master’s general findings, on a correct view of the law, are consistent with his subsidiary findings.” Chase v. Pevear, 383 Mass. 350, 359-360 (1981).

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