KELLEY v. IANTOSCA

No. 09-P-1116.

78 Mass. App. Ct. 147 (2010)

WILLIAM H. KELLEY, JR. v. JOSEPH IANTOSCA & others.

Appeals Court of Massachusetts, Norfolk.

October 21, 2010.


Attorney(s) appearing for the Case

Michael J. Lombardi for the plaintiff.

Thomas O. Moriarty for Joseph Iantosca & another.

Ernest J. Palazzolo, Jr. , for Liberty Mutual Fire Insurance Co.

Present: RAPOZA, C.J., McHUGH, & GRAHAM, JJ.


McHUGH, J.

In March, 1973, the plaintiff, William H. Kelley, Jr., and his wife, Mary Ann Kelley, bought a house from the defendant, Belair Construction Co., Inc. (Belair). Joseph Iantosca, also a defendant, was Belair's president. In 2006, cracks began to appear in the foundation of the house. After an investigation showed that the cracks were caused by the builder's use of improper subsurface fill, Kelley brought suit against Belair and Iantosca to recover repair...

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