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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lawrence v. Osuagwu, 57 Mass. App. Ct. 60 (2003)

Citation
Lawrence v. Osuagwu, 57 Mass. App. Ct. 60 (2003) 3.
Parent Document
Lawrence v. Osuagwu, 57 Mass. App. Ct. 60 (2003)
Jurisdiction
Massachusetts (state)
Effective Date
2003-01-10

Full Text

740 chars
3. Conclusion. We are of the opinion that the defenses referenced in G. L. c. 239, § 8A, were available to Osuagwu even though those defenses may have been unrelated to the physical condition of the premises. We hold that the proper measure of damages for Lawrence was, in this case, the same measure used for determining Osuagwu’s damages. Accordingly, Lawrence’s damages, when recalculated, result in a reduction of the award to Lawrence from $1,850 ($850 times seven months’ rent, less $4,100 [amount already paid by Osuagwu]) to $975 ($725 times seven months’ rent, less $4,100). The present judgment therefore is to be modified to provide an award to Lawrence in the amount of $975. The judgment as so modified is affirmed. So ordered.