Altama, LLC v. Napoli Motors, Inc.

In this commercial summary process action, the defendant Napoli Motors, Inc., appeals from the judgment of possession, rendered after a trial to the court, in favor of the plaintiff, Altama, LLC. 1 On appeal, the defendant claims that the court improperly (1) rendered judgment against it on a theory of liability that was not alleged in the complaint, and (2) concluded that the lease had terminated for lapse of time. We disagree with the defendant and, accordingly, affirm the judgment of the trial court.

The following procedural history and facts, as found by the trial court in its memorandum…