Hurley, J.
The plaintiff sued the defendant to recover unpaid rent. The defendant filed a motion to dismiss pursuant to Dist./Mun. Cts. R. Civ. P., Rule 12 (b) (6). This motion was allowed, judgment for the defendant entered and this report followed.
The motion judge allowed the motion to dismiss apparently on the basis that a prior action (not between the same named parties) terminated in favor of the defendant (the defendant is the same in both cases). See...
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