Board of Trustees v. Gates of Greenwood, LLC

Curran, Dennis J., J.

The Board of Trustees of the Gates of Greenwood Home Owner’s Trust has sued the defendant Gates of Greenwood, LLC for damages because of the alleged design and construction deficiencies in twelve condominia that the defendant developed in Wakefield. The defendant has moved for dismissal under Mass.R.Civ.R 12(b)(1), or summary judgment under Mass.R.Civ.P. 56(c). For the following reasons, the defendant’s motion must be DENIED.

BACKGROUND

The following facts are taken from the summary judgment record and the Statement of Material Facts filed jointly by the parties under…