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Berish v. Bornstein

Supreme Judicial Court of Massachusetts
770 N.E.2d 961 (2002)


During the mid-1980s, several problems existed in the common areas of the Cotuit Bay Condominium, such as water leakage and balconies that were structurally unsound. This resulted in the violation of several Massachusetts building codes As a result, the trustees of the owners’ association, the Trust of the Cotuit Bay Condominium (Trust) (plaintiffs), brought suit against Stuart Bornstein, as well as the original trustees of the owners’ association, and Cotuit Bay Condominium, Inc. (Bornstein) (defendants), claiming that Bornstein was negligent in the condo’s construction, the condition of the condo was misrepresented, and an implied warranty of habitability was breached. The trial court denied Trust’s claim of breach of implied warranty of habitability, ruling that it did not apply when purchasing a home or condominium unit. Trust appealed to the Supreme Judicial Court of Massachusetts.

Rule of Law


Holding and Reasoning (Cordy, J.)

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