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CRUZ MANAGEMENT CO. v. THOMAS

417 Mass. 782 (1994)

633 N.E.2d 390

CRUZ MANAGEMENT CO., INC., & another vs. BERNICE THOMAS.

Supreme Judicial Court of Massachusetts, Suffolk.

May 12, 1994.

Attorney(s) appearing for the Case

Sonal Hope Mithani (Paul R. Collier, III, & Lee D. Goldstein with her) for the defendant.

Janet Steckel Lundberg (Richard M. Bluestein with her) for the intervener.

Henry Korman & Charles Harak, for Massachusetts Tenants Organization & another, amici curiae, submitted a brief.

Present: WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

The plaintiff, Cruz Management Co., Inc., commenced a summary process action for possession under G.L.c. 239 (1992 ed.) in the Housing Court for the city of Boston against its tenant, the defendant Bernice Thomas. Thomas filed an answer and counterclaims alleging breach of the implied warranty of habitability; breach of the covenant of quiet enjoyment, see G.L.c. 186, § 14 (1992 ed.); and a violation of G.L.c. 93A (1992 ed.).2

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