OSORNO v. SIMONE

No. 99-P-2134.

56 Mass. App. Ct. 612 (2002)

LUIS CARLOS OSORNO v. PETER SIMONE & others, trustees.

Court of Appeals of Massachusetts, Suffolk.

December 3, 2002.


Attorney(s) appearing for the Case

Maureen Bailey Counihan for the plaintiff.

John S. Stadler for the defendants.

William DeBear & Henry A. Goodman, for Attorneys' Committee of Community Associations Institute, New England Chapter, amicus curiae, submitted a brief.

Present: GELINAS, DREBEN, & MILLS, JJ.


GELINAS, J.

We are asked to decide in this case whether the provisions of G. L. c. 143, § 51, imposing strict liability for injuries caused by violations of the State Building Code upon those in control of certain types of "buildings," apply to the Mariners Landing Condominiums and the defendant trustees.3 We conclude that in this case the statute is not applicable, and we affirm...

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