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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Al-Ziab v. Mourgis, 424 Mass. 847 (1997)

Citation
Al-Ziab v. Mourgis, 424 Mass. 847 (1997)
Parent Document
Al-Ziab v. Mourgis, 424 Mass. 847 (1997)
Jurisdiction
Massachusetts (state)
Effective Date
1997-05-08

Full Text

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Prior to trial the plaintiffs filed a motion in limine to exclude all evidence that the landlords were not aware of the presence of lead paint in the apartment. They argued that the landlords’ actual knowledge of the presence of lead paint was irrelevant because the lead paint statute imposes strict liability on landlords and, the plaintiffs claimed, any violation of that statute would necessarily constitute a violation of the quiet enjoyment statute. The trial judge agreed, and granted the motion in limine.