Legal Opinion

Davidson v. Ruskin

Massachusetts District Court, Appellate Division

Decided May 27, 2009Published

1Opinion of the CourtGreco, P.J.

In May of 2006, Franklin and Mildred Davidson (“the Davidsons”) leased a townhouse unit from Peabody Park, LLC (“Peabody Park”). Bernard Ruskin (“Ruskin”) was the sole member and principal of Peabody Park; Hillcrest Realty (“Hillcrest”) was, presumably, the leasing agent. On January 8, 2007, the Davidsons filed a complaint against Peabody Park, Ruskin, and Hillcrest alleging that their right of quiet enjoyment had been breached because of the noise caused by the children in an adjacent unit, that by allowing the noise to continue the defendants had negligently inflicted emotional distress on…

2Cases cited3 opinions

  1. Schulte v. Director of the Division of Employment SecurityMassachusetts Supreme Judicial Court · 1975
  2. Commonwealth v. GrayMassachusetts Supreme Judicial Court · 1996
  3. MCS Enterprises, Ltd. v. HenryMassachusetts District Court, Appellate Division · 2005

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