YORKE MANAGEMENT v. CASTRO


406 Mass. 17 (1989)

546 N.E.2d 342

YORKE MANAGEMENT vs. ELIZABETH CASTRO & another.

Supreme Judicial Court of Massachusetts, Middlesex.

November 7, 1989.


Attorney(s) appearing for the Case

Joseph L. McQuade for the plaintiff.

Toni Lee Pearson for the defendant.

Joseph L. Kociubes, David L. Smith, Allan G. Rodgers, Daniel S. Manning, Marjorie Heins, J. Paterson Rae, Benjamin Fierro, III, & Rudolph F. Pierce for Massachusetts Law Reform Institute & others, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, NOLAN, & LYNCH, JJ.


NOLAN, J.

The plaintiff (Yorke) filed a summary process action in the Framingham Division of the District Court Department seeking unpaid rent and possession. The defendant (Castro) counterclaimed for damages for breach of warranty of habitability and interference with quiet enjoyment under G.L.c. 186, § 14 (1988 ed.), for retaliatory eviction pursuant to G.L.c. 186, § 18 (1988 ed.), and for unfair and deceptive...

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