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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Haddad v. Gonzalez, 576 N.E.2d 658 (1991)

Citation
Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Parent Document
Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Jurisdiction
Massachusetts (state)
Effective Date
1991-08-12

Other Sections in This Document (154)

Full Text

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On the emotional distress counterclaim, the judge determined that Gonzalez had proved that Haddad’s intentional and outrageous conduct had caused her to suffer severe emotional distress, and that such proof constituted a basis for recovery under c. 93A. The judge then placed a value of $18,000 on Gonzalez’s emotional distress. As to the warranty of habitability counterclaim, the judge reasoned that Gonzalez was entitled to the difference between the actual value of the apartment in its defective condition and the fair market value of the apartment (rather than the contract rent), and he calculated the extent of her damages on that theory accordingly. The judge then added both base awards, trebled the total, and subtracted rent withheld by Gonzalez. The judge later added to this award, an award of attorneys’ fees and costs.