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BLACKETT v. OLANOFF

371 Mass. 714 (1977)

358 N.E.2d 817

ARTHUR B. BLACKETT & others vs. JERROLD OLANOFF (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 13, 1977.

Attorney(s) appearing for the Case

Philip S. Lapatin for the plaintiffs.

Sally A. Corwin (Jon C. Mazuy with her) for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, & WILKINS, JJ.

WILKINS, J.

The defendant in each of these consolidated actions for rent successfully raised constructive eviction as a defense against the landlords' claim. The judge found that the tenants were "very substantially deprived" of quiet enjoyment of their leased premises "for a substantial time" (emphasis original). He ruled that the tenants' implied warranty of quiet enjoyment was violated by late evening and early morning music and disturbances coming

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