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WHELIHAN v. MARKOWSKI

No. 92-P-1679.

37 Mass. App. Ct. 209 (1994)

638 N.E.2d 927

TRACY WHELIHAN vs. EUGENE MARKOWSKI & another.

Appeals Court of Massachusetts, Hampden.

August 25, 1994.

Attorney(s) appearing for the Case

Thomas M. Elcock for the defendants.

William J. Cass for the plaintiff.

Present: BROWN, PERRETTA, & JACOBS, JJ.

PERRETTA, J.

One night about two months after moving into her apartment, the plaintiff went to lock the rear door to her unit. Because the door tended to stick, it had to be lifted and pushed before it would close tightly. To force the door shut so that it could be locked, the plaintiff grasped the doorknob with her left hand and pushed against the door with her right hand. A major portion of the upper half of the...

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