South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-054-17)
Tenant's counterclaims for habitability breach, retaliation, and consumer protection violations following eviction for unpaid rent.
Residences
South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-054-17)
Landlord breached implied warranty of habitability by failing to remedy moisture and ventilation problems. Retaliation presumption not rebutted by clear and convincing evidence. Damages must account for tenant's actual harm, not average sensibility.
South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-188-15)
Summary process appeal dismissed for late transcript filing, but reversed where rules permit cure. Tenant's compliance deemed timely under mandatory appellate rule provision.
Residences at Cape Ann Heights Condominium Association v. Halupowski, et al. (Lawyers Weekly No. 11-032-13)
In rem action to enforce condominium lien for unpaid common expenses falls outside amount-in-controversy requirement; Superior Court has jurisdiction.