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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McGrath v. Mishara, 434 N.E.2d 1215 (1982)

Citation
McGrath v. Mishara, 434 N.E.2d 1215 (1982)
Parent Document
McGrath v. Mishara, 434 N.E.2d 1215 (1982)
Jurisdiction
Massachusetts (state)
Effective Date
1982-05-03

Other Sections in This Document (74)

Full Text

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The tenants allege that the landlord’s conduct entitles them to multiple damages under four different statutes as well as attorney’s fees. Their complaint, in four counts, alleged violations of Boston’s Rent Control Ordinance; G. L. c. 93, § 49 (c); G. L. c. 186, § 15B; and G. L. c. 93A. They sought total damages in excess of $8,000 plus attorney’s fees. In the Housing Court the judge entered judgment for the landlord on the c. 93, § 49 (c), count and judgment for the tenants on the remaining three counts in a total amount of $1,118.60 plus costs and interest. He also awarded the tenants attorney’s fees of $2,950 under the c. 93A count. All parties have appealed, the landlord claiming the judgment is an award of cumulative damages and the tenants claiming that the damage award should have been larger and that the judge erred in calculating attorney’s fees.