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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)

Citation
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Parent Document
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-05-12

Full Text

1,120 chars
Greaney, J.
The plaintiff, Cruz Management Co., Inc., commenced a summary process action for possession under G. L. c. 239 (1992 ed.) in the Housing Court for the city of Boston against its tenant, the defendant Bernice Thomas. Thomas filed an answer and counterclaims alleging breach of the implied warranty of habitability; breach of the covenant of quiet enjoyment, see G. L. c. 186, § 14 (1992 ed.); and a violation of G. L. c. 93A (1992 ed.).2 After a trial, the judge *784entered a written decision concluding that a breach of the implied warranty of habitability had been proved, and, on this ground, awarding monetary damages and possession of the premises to Thomas. Judgment entered for Cruz Management on the claims under G. L. c. 186, § 14, and G. L. c. 93A. Thomas appealed from the judgment as to the amount of damages awarded and the denial of recovery under G. L. c. 186, § 14, and G. L. c. 93A. We granted an application for direct appellate review of this case and a companion case, Cruz Management Co. v. Wideman, ante 771 (1994). We vacate the judgment and remand this matter for further proceedings.