FOUNTAINE PROPERTIES TRUST v. NALEWANSKI


1982 Mass. App. Div. 191 (1982)

Fountaine Properties Trust vs. Edward Nalewanski and another.

Massachusetts Appellate Division, Western District.

August 10, 1982.


Attorney(s) appearing for the Case

Kevin D. Withers for the plaintiff.

Edward D. Etheredge for defendant Edward Nalewanski.

Present: Larkin, McGuane & Lenhoff, JJ.


Lenhoff, J.

The plaintiff trust instituted this tort action to recover for fire damage to its realty caused by the negligence of its lessee, one Patricia Arnold (now deceased) from her co-lessee, the defendant, Edward Nalewanski.

The defendant Nalewanski filed an answer denying responsibility of any negligent act of the late Patricia Arnold, his former co-lessee; and, he asserted that the plaintiff was estopped from claiming damages as the concerned lease...

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