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WYMAN v. AYER PROPERTIES, LLC.

No. 11-P-1046.

83 Mass. App. Ct. 21 (2012)

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

Appeals Court of Massachusetts, Middlesex.

December 12, 2012.

Attorney(s) appearing for the Case

Thomas O. Moriarty for the plaintiffs.

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

Present: CYPHER, GRASSO, & SIKORA, JJ.

SIKORA, J.

At the conclusion of an eleven-day jury-waived trial, a judge of the Superior Court awarded compensatory damages of $140,000 to the plaintiffs as trustees of the Market Gallery Condominium Trust (Market Gallery or the trustees), as the remedy for negligent construction of elements of a condominium building by the defendant, Ayer Properties, LLC (Ayer). Market Gallery appeals upon the grounds that the judge misapplied the economic loss rule so as to exclude...

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