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BERMAN & SONS, INC. v. JEFFERSON

379 Mass. 196 (1979)

396 N.E.2d 981

BERMAN & SONS, INC. vs. CYNTHIA JEFFERSON.

Supreme Judicial Court of Massachusetts, Essex.

November 8, 1979.

Attorney(s) appearing for the Case

Mitchel S. Ross for the plaintiff.

Joseph S. Murphy for the defendant.

Philip S. Lapatin, for Greater Boston Real Estate Board, amicus curiae, submitted a brief.

Susan C. Cohen, Richard C. Allen, Gary Bellow, Barbara Hayden Fitts, Marc Lauritsen, Bella Schnall, Carole Wagan, Albert W. Wallis, & James H. Wexler, for a coalition of legal assistance groups, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, LIACOS, & ABRAMS, JJ.

LIACOS, J.

Cynthia Jefferson (tenant) leased for one year, beginning March 1, 1976, at $245 a month an apartment in Peabody from Berman & Sons, Inc. (landlord). From late August until October 8, 1976, a series of breaks in underground heating pipes caused the tenant to receive intermittent heat. The landlord repaired each leak promptly. On October 8, the pipe burst completely and the tenant was without heat until the pipe was repaired on October 20. Furthermore...

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