Franks v. Hennessy

I

David J. Franks seeks to recover damages he allegedly sustained in a fire at the Deerfield Forest Condominiums (“Deerfield Forest”) on November 15, 1992. He has brought suit against Pauline J. Hennessy and her estate, her guardians, and her guardians’ sureties; Barkan Management Company (“Barkan”); and the Trustees of Deerfield Forest Condominium Trust (“the Trustees”). The matter is before the court on motions for summary judgment brought by the Trustees and Barkan. For reasons stated, the motions are allowed.

BACKGROUND

For the purposes of this motion, the following facts are undisputed:

The…