ELLIOTT v. CHAOUCHE


2000 Mass. App. Div. 22 (2000)

Douglas Elliott v. Sam A. Chaouche

Massachusetts Appellate Division, Northern District.

January 21, 2000.


Attorney(s) appearing for the Case

James E. Sandler Jr. for the plaintiff.

W. Lincoln Boyden for the defendant.

Present: Merrick, P.J., Coven & Wright, JJ.


Wright, J.

This is a no-fault summary process action. Judgment was entered for the plaintiff-landlord on his complaint for possession and on the defendant-tenant's counterclaim for breach of the implied warranty of habitability. The court also awarded $700.00 in rent on a claim waived by the plaintiff prior to trial. The defendant has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C.

The defendant resided with his wife and infant daughter in a second...

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