Avalonbay Communities, Inc. v. Hamilton

Curran, Dennis J., J.

Introduction

This case is before the Court on the defendant-in-counterclaim AvalonBay Communities, Inc.’s motion for attorneys fees and costs under G.L.c. 231, §6F, after the Court allowed its motion for summary judgment [26 Mass. L. Rptr. 436].

For the following reasons, this motion is ALLOWED in part. In so ruling, the Court issues the following Findings of Fact, as statutorily required.

I. FINDINGS OF FACT

In August 2003, water leaked into the living room of the Hamilton’s apartment in Avalon at Lexington. AvalonBay, the management company for the apartment complex,…