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MAGLIACANE v. CITY OF GARDNER

SJC-12736.

483 Mass. 842 (2020)

JANICE MAGLIACANE v. CITY OF GARDNER & others.

Supreme Judicial Court of Massachusetts, Worcester.

January 22, 2020.

Attorney(s) appearing for the Case

Michelle H. Blauner for the plaintiff.

John J. Davis for the defendants.

The following submitted briefs for amici curiae:

J. Raymond Miyares , Bryan F. Bertram , & Ivria Glass Fried for department of public works of Wellesley.

Michele E. Randazzo for Massachusetts Water Works Association & another.

Cynthia L. Amara for Massachusetts Municipal Lawyers Association.

Present (Sitting at Barnstable): GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

Plaintiff Janice Magliacane is a homeowner in the city of Gardner (city) whose hot water heating system failed prematurely three times due to corrosion of its copper heating coils. She replaced the coils on the first two occasions but, after the third malfunction, switched out her tankless hot water system for a water heater to avoid...

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