Johnson v. Frye

This summary process action to recover possession of residential premises was concluded by the parties’ filing of a written agreement for judgment on May 6, 2004. Alleging that the defendant-tenant (the ‘Tenant”) thereafter breached the agreement by failing to pay one month’s use and occupancy charges, the plaintiff-landlord (the “Landlord”) secured the issuance of execution for both possession and money damages. The Tenant successfully moved to set aside the execution for money damages, and this Dist./Mun. Cts. R. A. D. A., Rule 8A, appeal by the Landlord of that ruling followed.

The parties’…