Ocean Rock Associates v. Cruz

Martuscello, J., dissents and votes to reverse the order and the judgment and remand the proceeding to the District Court for further proceedings, with the following memorandum, in which Latham, J., concurs:

This is a summary proceeding to evict the respondent tenants and to recover rent due and owing to the landlord. The tenants appeared pro se before the District Court. The landlord asserted that although they had been residing in their apartment, the tenants had not paid the rent for the month of January, 1977 (the landlord originally claimed unpaid rent for December, 1976 as well, but such…