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KOZIKOWSKI v. TOLL BROS., INC.

No. CIV.A.01-2296-WGY.

246 F.Supp.2d 93 (2003)

Stanley J. KOZIKOWSKI and Eunice K. Kozikowski, Plaintiffs, v. TOLL BROS., INC. a/k/a/ TOLL BROTHERS, INC., Defendant.

United States District Court, D. Massachusetts.

February 25, 2003.

Attorney(s) appearing for the Case

Robert K. Harrington, Fall River, MA, for Stanley Kozikowski, Eunice K. Kozikowski, Plaintiffs.

Paul V. Kelly, Lisa M. Asiaf, Kelly, Libby & Hoopes, PC, Boston, MA, for Toll Bros., Inc. aka Toll Brothers, Inc., Defendant.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

The plaintiffs, Stanley Kozikowski and Eunice Kozikowski (the "Kozikowskis"), filed the instant action against the defendant, Toll Brothers, from whom they purchased a home in December 1989. Their complaint includes four claims: (1) a Chapter 93A claim for alleged breach of express warranty; (2) a Chapter 93A claim of deceit; (3) a common law claim for breach of express warranty; and...

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