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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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Gem’s second argument respecting evidence is that the judge should not have admitted two tenant complaint slips taken from Gem’s telephone records. The slips were dated January 26, 1978 — several months after Solomon had moved out of her apartment. They showed that the new tenant had called Gem to complain that the ceilings were leaking and the “bedroom, living room and hall” were “flooded.” The judge admitted these complaint slips for the limited purpose of showing that Gem’s maintenance supervisor had notice of a “flood,” and thereby impeaching his testimony on cross-examination that the only subsequent tenant complaint had involved “seepage through the bedroom window.” 10 *107