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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 14

Citation
Section 14
Parent Document
Simon v. Solomon, 431 N.E.2d 556 (1982)
Jurisdiction
Massachusetts (state)
Effective Date
1982-01-18

Other Sections in This Document (136)

Full Text

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As its third objection to Solomon’s recovery on her count for interference with quiet enjoyment, Gem asserts that it was wrongly held responsible for the actions of third parties beyond its control. Pointing to its plumber’s testimony that waste backups were caused by tenants’ using unauthorized washing machines or introducing objects into the waste stacks, and to its unsuccessful attempts to evict tenants for using washing machines in their apartments, Gem argues that it was unable to control the source of the flooding. Cf. Blackett v. Olanoff,