Castle Apartments, Inc. v. Pichette

This is the defendant tenant’s appeal from the granting of a final stay of execution in a summary process action grounded on nonpayment of rent. On August 19, 1992, the trial court, Berger, J., rendered judgment in accordance with the parties’ stipulation providing that judgment of possession enter in favor of the plaintiff landlord with a stay of execution through September 30,1993. The stipulated judgment also required the defendant to make monthly use and occupancy payments.

Thereafter, the plaintiff filed an affidavit regarding noncompliance with the stipulation, averring that the…