Simon v. Solomon, 431 N.E.2d 556 (1982)

Citation: Simon v. Solomon, 431 N.E.2d 556 (1982)
Parent Document: Simon v. Solomon, 431 N.E.2d 556 (1982)
Jurisdiction: Massachusetts (state)
Effective Date: 1982-01-18
Original Source: https://www.courtlistener.com/opinion/2038443/simon-v-solomon/ ↗

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Solomon’s counterclaims are based primarily on her allegations of flooding in her apartment. She testified at trial that water and sewage, flowing from an adjoining basement area, flooded her apartment approximately thirty times during her tenancy. Solomon could not recall the date of any of the floods, but was able to name the months in which floods had occurred. She testified that each flood had occurred between twelve and two o’clock in the morning; she described stepping from bed into ankle deep water and slime. Each time this happened, Solomon would spend the night in her kitchen, drinking coffee, and waiting for the morning to call Gem. According to Solomon, a Gem cleanup crew would arrive several hours after her call to pump the water from her apartment. Solomon’s testimony concerning the flooding was corroborated by photographs showing water damage, and by witnesses who had seen water or evidence of water in Solomon’s apartment.

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