Commonwealth v. Miller

Fahey, Elizabeth M., J.

The Commonwealth has commenced the underlying action against defendant Keith Miller (“Miller”) on eleven counts. This matter is currently before the court on the Commonwealth’s Partial Motion for Summary Judgment as to Count III (violation of G.L.c. Ill, § 197A) and Count XI (violation of G.L.c. 93A, §2) arising out of Miller’s alleged failure to provide requisite notices of lead hazards to prospective tenants. For the reasons set for below, the motion is ALLOWED in part and DENIED in part.

BACKGROUND

The following facts taken from the summary judgment record are viewed…