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GAMERE v. 236 COMMONWEALTH AVENUE CONDOMINIUM

19 Mass. App. Ct. 359 (1985)

474 N.E.2d 1135

ROBERT C. GAMERE vs. 236 COMMONWEALTH AVENUE CONDOMINIUM ASSOCIATION & others.

Appeals Court of Massachusetts, Suffolk.

February 15, 1985.

Attorney(s) appearing for the Case

Robert S. Marcus for the plaintiff.

William H. Clancy for 236 Commonwealth Avenue Condominium Association.

William J. Smith, Assistant Corporation Counsel, for the city of Boston.

Edward W. Waystack for Beta Gamma Epsilon Alumni, Inc.

Present: BROWN, KAPLAN, & SMITH, JJ.

SMITH, J.

The plaintiff brought this action in the Superior Court against 236 Commonwealth Avenue Condominium Association (Association), Beta Gamma Epsilon Alumni, Inc. (Beta Gamma), and the city of Boston (Boston). In his complaint the plaintiff alleged that on January 19, 1977, he was injured as a result of a fall caused by an accumulation of snow and ice on a public sidewalk owned and controlled by Boston. The complaint further alleged that the sidewalk abutted...

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