Massachusetts Superior Court May 16, 1997, No. 934818 (Sullivan v. H.H. Gilbert Management Corp.)

Borenstein, J.

This is an action that arises, in part, out of a claim that defendant Margot Hampe (“Hampe”) breached the Warranty of Habitability, and for which the plaintiff John Sullivan (“Sullivan”) seeks damages for the injuries he sustained as a result of said breach. Hampe filed a motion to dismiss this count based on three independent legal theories.