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CARDOZA v. CARDOZA

2006 Mass. App. Div. 137 (2006)

Lyn Cardoza v. Timothy Cardoza

Massachusetts Appellate Division, Southern District.

August 30, 2006.

Attorney(s) appearing for the Case

Jan B. Wolverton for the plaintiff.

Christopher J. Falkner for the defendant.

Present: Williams, P.J., Welsh & Merrick, JJ.

Welsh, J.

This is a summary process action1 to recover possession and rent. The tenant counterclaimed for damages for the landlord's alleged breach of the warranty of habitability, retaliatory eviction, and violation of G.L.c. 93A.2

After a bench trial, the judge found that the conditions adversely affecting habitability were known to the landlord as early as January 1, 2001; that the defects were significant...

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