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WYMAN v. AYER PROPERTIES, LLC.

No. SJC-11474.

469 Mass. 64 (2014)

BRYAN WYMAN & others, trustees, v. AYER PROPERTIES, LLC.

Supreme Judicial Court of Massachusetts, Middlesex.

July 10, 2014.

Attorney(s) appearing for the Case

Thomas O. Moriarty ( David M. Rogers with him) for the plaintiffs.

Thomas H. Hayman ( Patrick T. Uiterwyk with him) for the defendant.

Henry A. Goodman , for Community Associations Institute, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY & LENK, JJ.

CORDY, J.

On December 8, 2005, Brian Wyman, Frank Thoms, and Vincent Cascio, as trustees of the Market Gallery Condominium Trust (trustees), filed a civil action against Ayer Properties, LLC (Ayer), seeking damages stemming from the negligent construction of elements of a condominium building by Ayer. The trustees alleged that Ayer — which had purchased and converted the building in question into condominiums — had negligently constructed the window...

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