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ANKIEWICZ v. KINDER

408 Mass. 792 (1990)

563 N.E.2d 684

STANLEY ANKIEWICZ, JR. vs. PAUL KINDER & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 12, 1990.

Attorney(s) appearing for the Case

Alexander A. Padis, Jr., for Paul R. Kinder & another.

Alan D. Tuttman for the plaintiff.

William L. Maher for Roseanne Ankiewicz.

Stephanie Pollack, for Conservation Law Foundation, amicus curiae, submitted a brief.

Jeffrey Petrucelly & Jessica Ladd, for Massachusetts Tenants Organization & others, amici curiae, submitted a brief.

Cameron F. Kerry, Robert S. Steinberg, Robert C. Tommasino & Gerald T. Anglin, for Massachusetts Property Insurance Underwriters Association, amicus curiae, submitted a brief.

Present: LIACOS, C.J., NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

LYNCH, J.

This case arises out of the alleged lead poisoning of the plaintiff, Stanley Ankiewicz, Jr., a minor under the age of six. The complaint asserted three counts against the defendants, landlords of the apartment occupied by the plaintiff and his parents, alleging (1) negligence, (2) breach of the implied warranty of habitability, and (3) violation of the lead poisoning prevention law. G.L.c. 111, §§ 190-199A (1988 ed.). This is an appeal from judgments...

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