YORK REALTY, INC. v. J.J. DALY, INC.


1982 Mass. App. Div. 227 (1982)

York Realty, Inc. vs. J.J. Daly, Inc.

Massachusetts Appellate Division, Municipal Court.

September 27, 1982.


Attorney(s) appearing for the Case

James L. Rudolph for the plaintiff.

Barbara Fay for the defendant.

Present: Canavan, Umana & Hamlin, JJ.


Hamlin, J.

This is an action in tort where the plaintiff-landlord York Realty, Inc. (hereinafter York) seeks to recover from the defendant lessee J.J. Daly, Inc. (hereinafter Daly) for damage to its freight elevator. The answer contained a general denial of negligence and alleged contributory negligence, wilful misconduct, responsibility of another as the cause of the damages to the freight elevator, estoppel, Rule 12 (b)(6), satisfaction, no recovery under the terms...

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