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Court: Condo managers who dragged feet fixing roof leaks can't claim statute of limitations has run out

The Massachusetts Appeals Court today reinstated a Chelsea condo owner's lawsuit against her condo trust and management company over leaks she said were so bad she had mushrooms growing on her doorframe and she eventually had to flee the unit on her doctor's advice.

A lower-court judge had tossed Denise Doherty's lawsuit against Admiral's Flagship Condominium Trust, Lundgren Management Group, Inc. and Construction by Design, Ltd. ruling her 2009 suit came after the expiration of the three-year statute of limitations for such actions, because the first leak sprang in 2004.

But the appeals court ruled the three-year period started in March, 2006, when a mold specialist she hired reported finding "hazardous mold in unsafe levels." She filed her suit in February, 2009 - within the three-year period and several months after "the plaintiff's doctor ordered her to vacate her unit due to the presence of the mold."

The court noted Massachusetts has yet to address the issue of a statute of limitations for water leaks that eventually turn into potential health hazards, but said it agreed with rulings in other states that "without some indication of a hazardous contamination, the plaintiff could not have been aware that she was being exposed to toxic mold, regardless of when the leak began," at least not until she had an inspection done.


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Imagine if the Soup Nazi had a Twitter account

Bit of a twitterstorm this morning over the way the owner of Emma's Pizza in Cambridge publicly slammed a customer who not only had the nerve to ask for meatballs on a "pressed veggie sandwich" but then made a scene when told that would cost extra. More specifically, on Saturday, Emma's tweeted:

where in 'substitutions are welcome' does it read it's free? Adding meatballs to a Pressed Veggie Sdwch is nasty and will cost u, dumbass.

When a follower complained about the tone of those 140 characters, the pizza place replied:

She made a scene in my store when she was told how much something that is not on the menu cost. Called like seen + MYOB.

I never mentioned names which hardly makes it a public berating. I'm wondering who asked you how to run my biz anyway? #MYOB

When more Twitter followers suggested calling out somebody as a dumbass in a public forum was not the best way to handle things, and that such tweeting might even cause them to reconsider their pizza options in the future, Emma's stood firm:

we're being twitter bullied

a woman refused to pay for what she ordered and ate at my store, she is a dumbass. Why chime in when you don't know?

This morning, though, Emma's got a bit more conciliatory, after Jesse Kanson-Benanav suggested that in an era when "teens are killing themselves from online bullying," complaining about meatball complaints on Twitter might be a bit much:

did not intend to make light of bullying. promise. sorry to anyone offended on that note. woman who didn't pay is still a dumbass.

Christine Koh, who does social-media consulting, offers some advice to Emma's and other small businesses who deal with dumbasses: Count to 10 and then just don't complain about them publicly like that.


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Finally: A blog for Rozzie-area foodies

Rozziefoodie is just what it sounds like.


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Revolutionary iPhone app

J.L. Bell reports a new app maps out key Revolutionary sites in downtown Boston - and that a planned upgrade will include GPS linking, "allowing users to match colonial-era locations with today’s crossroads."


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Publick Theatre loses directors, could shut down permanently

Publick Theatre Boston announced this morning the resignations of Artistic Director Diego Arciniegas and Producing Director Susanne Nitter. Also:

The theatre's board of directors has voted to put the company on hiatus while options to continue or retire the company are explored. While on hiatus, the Publick will maintain its status as a Resident Theater Company at the Boston Center for the Arts. Diego Arciniegas and Susanne Nitter will continue to collaborate with BCA programming independently and will continue to serve on the board of the Publick Theatre through this transition phase.


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Somebody's torching cars in one small part of Allston

Don Lubin reports three cars were set on fire over the weekend on Wadsworth, Pratt and Ashford streets.


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Citizen complaint of the day: Labor Day came early on Comm. Ave.

Trash

A disgusted citizen reports from the sidewalk outside 1842 Comm. Ave., near Strathmore Road:

Discarded [furniture], smashed TVs and other items for a number of days. Additional [furniture] and mattress dumped today.


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Roslindale priest put on leave as archdiocese investigates sexual-abuse allegation

The Archdiocese of Boston said today it has put Rev. John M. Mendicoa of Sacred Heart Parish on leave after receiving an allegation of sexual abuse of a child in the 1980s:

The Archdiocese immediately notified law enforcement of the allegation and has initiated a preliminary investigation into the complaint. Fr. Mendicoa will remain on administrative leave pending the outcome of the preliminary investigation. The decision to place Fr. Mendicoa on administrative leave represents the Archdiocese's commitment to the safety of all parties and does not represent a determination of Fr. Mendicoa's guilt or innocence as it pertains to this allegation. The Archdiocese will work to resolve this case as expeditiously as possible and in a manner that is fair to all parties.


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Police: Another woman attacked on the Esplanade

State Police are investigating an incident early this morning in which a woman was sexually assaulted and then thrown into the Charles River near Massachusetts Avenue, State Police and the Suffolk County District Attorney's office report.

Authorities say they do not yet know if the attack is linked to a series of other sexual attacks in recent years along the Esplanade - or to a non-sexual attack in the same area in June in which a woman was also thrown in the river.

Sun, 08/14/2011 - 02:00
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