Massachusetts Superior Court June 24, 2009, No. 071523D (Dominguez v. Abramoff)

Tucker, Richard T., J.

The defendant, Lawrence Abramoff, Trustee of JM 335 Chandler Realty Trust’s Motion for Summaiy Judgment is DENIED.

1. An owner/lessor of commercial premises may be liable for injuries sustained on the leased premises if (a) he contracted to make repairs and they were made negligently, or (b) the defect causing the injury was in a “common area” over which the lessor retained