Mary Cocchiarella v. Donald Driggs

OPINION

JOHNSON, Judge.

Mary Cocchiarella claims that Donald Driggs agreed to rent an apartment to her but later prevented her from moving into the apartment and refused to return her payment of the security deposit and the first month’s rent.' Cocchiarella commenced this action to obtain possession of the apartment and to recover damages. The district court dismissed Cocchiarella’s claim, for possession of the apartment on the ground that she cannot satisfy the requirements of the statute on which her claim is based because she never occupied the apartment. We conclude that the district court…