Poutahidis v. Clingan

This is a summary process action in which the trial court entered judgment for the plaintiff for both possession of the residential premises in question and $900.00 in damages. The defendant’s Dist/Mun. Cts. R. A D. A, Rule 8C, appeal presents the following three issues: (1) whether the plaintiff could maintain a summary process action by relying upon a notice to quit served by the previous owner, without any assignment of rights; (2) whether the trial judge abused his discretion in denying a stay of execution pursuant to G.L.c. 239, §9; and (3) whether the award of damages was proper.

The…