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MOLONEY v. BOSTON FIVE CENTS SAVINGS BANK FSB.

422 Mass. 431 (1996)

JOHN MOLONEY & others, trustees, vs. BOSTON FIVE CENTS SAVINGS BANK FSB & another.

Supreme Judicial Court of Massachusetts, Norfolk.

April 10, 1996.

Attorney(s) appearing for the Case

Seth H. Emmer (Marylou Muirhead with him) for the plaintiffs.

Steven P. Perlmutter (Michael D. Lurie with him) for the defendants.

Present: LIACOS, C.J., WILKINS, O'CONNOR, GREANEY, & FRIED, JJ.

LIACOS, C.J.

The plaintiffs are trustees representing the interests of unit owners in the common areas of a condominium complex in Dedham. The trustees seek declaratory, monetary, and injunctive relief to rectify perceived faults in those common areas.

The material facts are simple and are supplied by a stipulation and statement of agreed facts. In early 1987, Boston Five Cents Savings Bank FSB (Boston Five) provided a construction

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