Legal Opinion

Meikle v. Nurse

Massachusetts Supreme Judicial Court

Decided April 27, 2016No. SJC 11859PublishedCited by 15 opinions

1Opinion of the CourtHines, J.

In this appeal we decide whether a tenant may assert a violation of the security deposit statute, G. L. c. 186, § 15B, as a defense to a landlord’s claim for possession in a summary process action brought under G. L. c. 239, § 1. The issue arises from a Housing Court judge’s disposition of a summary process action brought by Garth Meikle, the landlord, against Patricia Nurse, the tenant. After a trial, the judge ruled that the tenant properly could assert a violation of the security deposit statute as a counterclaim for damages, but that a counterclaim on this basis is not a defense to the…

2Cases cited14 opinions

  1. Hanlon v. RollinsMassachusetts Supreme Judicial Court · 1934
  2. Insurance Rating Board v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1969
  3. Commissioner of Correction v. Superior Court Department of the Trial CourtMassachusetts Supreme Judicial Court · 2006
  4. Commerce Insurance v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 2006
  5. Neff v. Commissioner of the Department of Industrial AccidentsMassachusetts Supreme Judicial Court · 1995

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3Cited by15 opinions

  1. Casseus v. E. Bus Co.Massachusetts Supreme Judicial Court · 2018
  2. Ciani v. MacGrathMassachusetts Supreme Judicial Court · 2019
  3. Adjartey v. Cent. Div. of the Hous. Court DepartmentandMassachusetts Supreme Judicial Court · 2019
  4. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 2018
  5. Pembroke Hospital v. D.L.Massachusetts Supreme Judicial Court · 2019

10 more not listed; retrieve them via the Exa API.

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