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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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We recognize that computing damages under this approach involves some uncertainty. Useful expert testimony is unlikely to be readily available as to the "worth" of the defects (see Morbeth Realty Corp. v. Valez, 73 Misc.2d 996, 1001-1002 [N.Y. Civ. Ct. 1973]), and even if it were available, the imposition upon indigent tenants of the financial burden of supplying expert witnesses would seriously diminish the effectiveness of the relief contemplated in our earlier opinion. See Academy Spires, Inc. 111 N.J. Super. at 487. See also Note, 84 Harv. L. Rev. 729, 736 (1971).