KARBOWSKI v. BRADGATE ASSOC., & GROVECREST


1987 Mass. App. Div. 19 (1987)

Richard Karbowski and another vs. Bradgate Associates, Inc. and Grovecrest Corporation vs. Resnic, Beauregard, Waite & Driscoll

Massachusetts Appellate Division, Western District.

February 11, 1987.


Attorney(s) appearing for the Case

Joseph F. Brennan, Jr. for the plaintiffs.

Paul G. Kolesnikov as for the defendants.

Present: Dohoney, Larkin & Lenhoff, JJ.


Dohoney, J.

This case involves a determination of certain issues relative to the power of an arbitrator to award damages.

The fact pattern giving rise to this issue is quite common. The plaintiffs purchased a home from the defendant Grovecrest Corporation. The Purchase and Sale Agreement contained a warranty provision and an arbitration clause. Certain disputes arose as to the construction. Suit was started by the plaintiffs against both defendants. The defendant...

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