City of Bridgeport v. Barbour-Daniel Electronics, Inc.

I agree with the majority that this appeal presents two questions: (1) whether the plaintiffs defective notice to quit nonetheless created a tenancy at sufferance; and (2) if so, whether a summary process action may be maintained for a tenant’s failure to make use and occupancy payments to its landlord. The majority answers the first question in the negative, and thus does not reach the second except by way of dictum. See footnote 7, supra. I answer the first question in the affirmative and, reaching the second on its merits, agree with the majority’s dictum that the proper answer to the…