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PEABODY PROPERTIES, INC. v. SHERMAN

418 Mass. 603 (1994)

638 N.E.2d 906

PEABODY PROPERTIES, INC. vs. FRANK SHERMAN.

Supreme Judicial Court of Massachusetts, Essex.

August 16, 1994.

Attorney(s) appearing for the Case

Kevin G. McIntyre (Charles S. Mancuso with him) for the plaintiff.

Gary Rothberger (James Breslauer with him) for the defendant.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.

NOLAN, J.

We reverse the judgment of the Housing Court for reasons set forth below.

The plaintiff (landlord) served a notice of termination of tenancy on the defendant (tenant) dated March 13, 1991, and initiated a summary process action against him on April 5, 1991, based on the tenant's alleged illegal drug activity on the premises. A judgment was entered for the landlord in the District Court and the tenant first...

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