Legal Opinion
Abdeljaber v. Gaddoura
Massachusetts Appeals Court
Decided January 7, 2004No. 02-P-774PublishedCited by 8 opinions
1Opinion of the CourtKafker, J.
After the trial ended, and without notifying the parties, a Housing Court judge ordered a housing specialist to inspect the apartment at issue in this landlord-tenant dispute between Abdelkhaleq Abdeljaber, the landlord, and Azhari Gad*295douro and Azhar K. Kheiry, the tenants. The judge later specifically stated that he based his finding of a material breach of the implied warranty of habitability on the report of this housing specialist. Such reliance was improper, and we therefore vacate the judgment.
1. Procedure followed by the trial judge, and his findings. A jury-waived trial in this…
2Cases cited15 opinions
- Simon v. SolomonMassachusetts Supreme Judicial Court · 1982
- Calimlim v. Foreign Car Center, Inc.Massachusetts Supreme Judicial Court · 1984
- Commonwealth v. DominicoMassachusetts Appeals Court · 1974
- Berlandi v. CommonwealthMassachusetts Supreme Judicial Court · 1943
- Darmetko v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1979
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3Cited by8 opinions
- Commonwealth v. BradwayMassachusetts Appeals Court · 2004
- Jablonski v. ClemonsMassachusetts Appeals Court · 2004
- Clark v. Leisure Woods Estates, Inc.Massachusetts Appeals Court · 2016
- Baker v. Equity Residential Mgmt., L. L.C.District Court, District of Columbia · 2019
- Haynes v. CrockettMassachusetts District Court, Appellate Division · 2009
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