McENEANEY v. CHESTNUT HILL REALTY CORP.

No. 94-P-208.

38 Mass. App. Ct. 573 (1995)

EDWARD G. McENEANEY, JR. vs. CHESTNUT HILL REALTY CORPORATION & others.

Appeals Court of Massachusetts, Norfolk.

May 17, 1995.


Attorney(s) appearing for the Case

Albert A. DeNapoli (Edward R. Wiest with him) for the plaintiff.

James W. Murphy for Chestnut Hill Realty Corporation.

James S. Franchek for trustees of Brook House Condominium Trust.

Present: KASS, PORADA, & IRELAND, JJ.


PORADA, J.

On August 21, 1987, the plaintiff purchased a condominium at the Brook House in Brookline. At the time of the purchase he inquired of the real estate agent, the defendant Brenda Marsh, whether the condominium was quiet and was assured by her that "the unit was quiet and that there [were] no noise problems with the unit." In June, 1990, the plaintiff began to experience noise and vibrations in his condominium after an air conditioning chiller system which...

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