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BERISH v. BORNSTEIN

437 Mass. 252 (2002)

STEPHEN BERISH & others, trustees v. STUART BORNSTEIN, individually and as trustee, & others.

Supreme Judicial Court of Massachusetts, Barnstable.

June 28, 2002.

Attorney(s) appearing for the Case

Stephen Schultz for the plaintiffs.

Jennifer S.D. Roberts for the defendants.

The following submitted briefs for amici curiae:

Benjamin Fierro, III, for Home Builders Association of Massachusetts, Inc.

Stephen M. Marcus, Thomas O. Moriarty, & Edmund A. Allcock for Community Associations Institute.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

The plaintiff trustees of the Trust of the Cotuit Bay Condominium (unit owners' association)5 commenced an action against the developer of the Cotuit Bay Condominium (condominium development), Stuart Bornstein (Bornstein); the original trustees of the unit owners' association, including Jamila, Morris, and Paul Bornstein (Bornstein trustees)6; and the general...

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