Cosenza v. Whitmore

The plaintiffs brought this summary process action based upon termination of a lease by lapse of time. A judgment of immediate possession was sought. The defendants moved for a jury trial. This motion was granted by the court, Schaller, J., after a hearing. Subsequently, another judge of the Superior Court, Mancini, J., without any notice or hearing overruled the prior action of the court and issued an order suo motu denying the motion. The defendants thereafter appealed to the Supreme Court, which transferred the matter to this court under Practice Book, 1978, § 3076.

In order for this court…