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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lynch v. James, 44 Mass. App. Ct. 448 (1998)

Citation
Lynch v. James, 44 Mass. App. Ct. 448 (1998)
Parent Document
Lynch v. James, 44 Mass. App. Ct. 448 (1998)
Jurisdiction
Massachusetts (state)
Effective Date
1998-03-19

Full Text

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Although the injury in the present case is alleged to derive from a condition that resulted from the failure to provide a physical facility, that fact alone does not bring it within the scope of the warranty. As expressed in Doe, supra at 282, the physical facility must be “vital to the use of the leased premises” (emphasis supplied). See Javins v. First Natl. Realty Corp., 428 F.2d 1071, 1074 (D.C. Cir.), cert. denied, 400 U.S. 925 (1970) (a case seminal to the development of the implied warranty of habitability, in which the court observed that “[wjhen American city dwellers, both rich and poor, seek ‘shelter’ today, they seek a well known package of goods and services — a package which includes not merely walls and ceilings, but also adequate heat, light and ventilation, serviceable plumbing facilities, secure windows and doors, proper sanitation, and proper maintenance” [footnote omitted]).