DiBella v. Fiumara

In this summary process action, a District Court judge sitting without a jury found that the plaintiff (lessor) was not entitled to possession as the breach of the lease by the *641defendant (lessee) was not material. The Appellate Division reversed and the defendant appeals, arguing that the judgment entered by the trial judge should be upheld. We reverse the order of the Appellate Division.

1. Background. We set forth the relevant portions of the lease and take our facts primarily from the subsidiary findings of the trial judge, none of which are challenged as clearly erroneous. The parties…