Berish v. Bornstein

The Cotuit Bay Condominium suffered from water leakage and structurally unsound balconies in its common areas, violating state building codes; the Trust representing the unit owners (plaintiff) sued the original builder and trustees, Stuart Bornstein (defendant), for negligent construction, misrepresentation, and breach of the implied warranty of habitability. The trial court denied the habitability claim, ruling that warranty did not apply to the purchase of a home or condominium unit, and the Trust appealed.