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UNDERWOOD v. RISMAN

414 Mass. 96 (1993)

605 N.E.2d 832

MICHAEL UNDERWOOD & others vs. ROBERT RISMAN & others.

Supreme Judicial Court of Massachusetts, Middlesex.

January 8, 1993.

Attorney(s) appearing for the Case

Daniel J. Gleason (Christopher R. O'Hara with him) for Robert Risman & another.

Edmund P. Daley for Michael Underwood.

Philip E. Murray, Jr. (Paul L. Cummings with him) for John Hutchison.

Robert S. Kutner, for Massachusetts Association of Realtors, amicus curiae, submitted a brief.

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

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

LYNCH, J.

The defendant, Robert Risman, appeals from a judgment in which a Superior Court judge ruled that failure to disclose to childless prospective tenants the likelihood of the presence of lead-based paint in a residential dwelling was a wilful and knowing act of deception proscribed by G.L.c. 93A, § 2 (1990 ed.).3 The judge ruled that this conduct was causally related to the injuries sustained by the plaintiff which were caused...

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