Windsor Properties, Inc. v. Great Atlantic & Pacific Tea Co.

This is a summary process action wherein the plaintiff landlord seeks possession of a retail supermarket store for nonpayment of rent. The defendant tenant has denied the allegations and has pleaded several special defenses.

The present case raises three issues of significance. They are (1) whether the notice to quit complied with the requirements of § 47a-23 of the General Statutes, (2) whether the observance of a “curative” clause in the lease is a condition precedent to the commencement of Summary process, and (3) whether the plaintiff’s conduct subsequent to the service of process…