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JABLONSKI v. CLEMONS

No. 02-P-1048.

60 Mass. App. Ct. 473 (2004)

H. FRANK JABLONSKI & another v. THOMAS CLEMONS & another.

Appeals Court of Massachusetts.

February 19, 2004.

Attorney(s) appearing for the Case

A. Joseph Ross for the defendants.

Victoria Hayward Schepps for the plaintiffs.

Present: Gelinas, Brown, & Cohen, JJ.

Norfolk.

BROWN, J.

This is a summary process action governed by the one-trial system. Following a bench trial in a District Court, the judge found in favor of the defendants, Thomas and Theresa Clemons (tenants), on their counterclaim for breach of the implied warranty of habitability, awarding the tenants the difference between the value of the premises as warranted and the value of the premises in defective...

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