Apex Computer Co. v. Nally Plumbing & Heating

This action arises out of an incident in which a hot water tank allegedly leaked and caused significant damage to the plaintiffs property and office space. The plaintiff, Apex Computers, Inc. (“Apex”), brought this action alleging negligence (Count I) and breach of warranty (Counts II, III and IV) against Nally Heating and Plumbing (“Nally”), the tank supplier and installer, and Alex Tsitos (“Tsitos"), the property owner. Nally now moves for summary judgment, pursuant to Mass.R.Civ.P. 56, on Counts I-IV. For the following reasons, the Defendant Nally’s motion for summary judgment is ALLOWED.

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