Legal Opinion

Arthaud v. Brignati

Massachusetts Superior Court

Decided August 6, 1999No. 980800BPublished

1Opinion of the CourtMcDonald, J.

In this action, the plaintiffs, individually and as trustees of an organization of condominium unit owners, claim that the condominium’s developers and their successor, the defendant Haymarket Cooperative Bank (“Haymarket”) are liable for defective construction of the condominium development. Haymarket has moved to dismiss the claim against it on the grounds that it is time-barred. For the following reasons, Haymarket’s motion to dismiss is denied in part and allowed in part.

BACKGROUND

The plaintiffs allege the following facts in their Verified Complaint, which must be taken as true for…

2Cases cited9 opinions

  1. Nader v. CitronMassachusetts Supreme Judicial Court · 1977
  2. Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
  3. Eyal v. Helen Broadcasting Corp.Massachusetts Supreme Judicial Court · 1991
  4. Riley v. PresnellMassachusetts Supreme Judicial Court · 1991
  5. Bowen v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1990

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