DIBIASE CORPORATION v. JACOBOWITZ

No. 96-P-377.

43 Mass. App. Ct. 361 (1997)

THE DIBIASE CORPORATION v. LISA JACOBOWITZ & others, trustees.

Court of Appeals of Massachusetts, Essex.

August 15, 1997.


Attorney(s) appearing for the Case

Seth Emmer for the defendants.

Thomas E. Beatrice for the plaintiff.

Present: ARMSTRONG, GILLERMAN, & LENK, JJ.


LENK, J.

The plaintiff is the declarant of a 268-unit residential condominium in Salem called Pickman Park Condominium, which was constructed in multiple phases. The defendants are members of the board of trustees for the unit owner organization of the condominium.

In 1993, the declarant, also referred to more commonly as the developer, brought suit seeking declaratory and injunctive relief as to two matters: its right to finish construction of the last two...

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