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DOHERTY v. ADMIRAL'S FLAGSHIP CONDOMINIUM TRUST

No. 10-P-840.

80 Mass. App. Ct. 104 (2011)

DENISE DOHERTY v. ADMIRAL'S FLAGSHIP CONDOMINIUM TRUST & others.

Appeals Court of Massachusetts, Suffolk.

August 15, 2011.

Attorney(s) appearing for the Case

Robert J. Doyle , for the plaintiff.

Edmund A. Allcock , for Admiral's Flagship Condominium Trust.

William P. Rose , for Construction by Design Ltd.

Present: CYPHER, GRAINGER, & RUBIN, JJ.

CYPHER, J.

After roof leaks led to toxic mold infiltration in her condominium unit, the plaintiff, Denise Doherty, filed a complaint alleging negligence, nuisance, trespass, misrepresentation, and breach of contract against the defendants, Admiral's Flagship Condominium Trust (trust); Lundgren Management Group, Inc. (Lundgren); and Construction by Design, Ltd. (Design). The defendants moved to dismiss the complaint pursuant to Mass.R.Civ.P. 12(b)(6), 365 Mass. 754...

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