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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McKenna v. Begin, 362 N.E.2d 548 (1977)

Citation
McKenna v. Begin, 362 N.E.2d 548 (1977)
Parent Document
McKenna v. Begin, 362 N.E.2d 548 (1977)
Jurisdiction
Massachusetts (state)
Effective Date
1977-05-11

Other Sections in This Document (55)

Full Text

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To fashion a measure of damages which more closely reflects the actual injury suffered by McKenna we adopt a percentage reduction of use approach, under which Mc-Kenna’s rent is to be reduced by a percentage reflecting the diminution in the value of the use and enjoyment of the leased premises by reason of the existence of defects which gave rise to the breach of warranty of habitability. See Green v. Superior Court, 10 Cal. 3d at 639, n.24, citing with approval Academy Spires, Inc. v. Brown, 111 N.J. Super, at 477, and Morbeth Realty Corp. v. Rosenshine, 67 Misc. 2d 325 (N.Y. Civ. Ct. 1971). See also Note, 84 Harv. L. Rev. 729, 737 (1971).