JAMES FERRERA & SONS v. SAMUELS; HANNAN CONSTR


21 Mass. App. Ct. 170 (1985)

486 N.E.2d 58

JAMES FERRERA & SONS, INC., & another vs. WALTER R. SAMUELS & others; HANNAN CONSTRUCTION COMPANY & another, third-party defendants.

Appeals Court of Massachusetts, Norfolk.

December 3, 1985.


Attorney(s) appearing for the Case

D. Alice Olsen for the plaintiffs.

Mark C. Darling for Walter R. Samuels.

James F. Kavanaugh, Jr. (Paul F. Denver with him) for Hannan Construction Company.

Richard D. Maciolek for Richard L. Bowen and Associates, Inc.

Present: KASS, KAPLAN, & SMITH, JJ.


SMITH, J.

The plaintiffs, James Ferrera & Sons, Inc. (Ferrera), and Value King, Inc. (Value King), commenced a civil action on January 24, 1980, naming as defendant Walter R. Samuels (Samuels), as he is a general partner of Milford Associates, a Massachusetts limited partnership (Milford Associates). The plaintiffs sought to recover for property damage sustained when the roof of a building owned by Milford Associates and leased to and occupied by the plaintiffs...

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