Martinez v. Ulloa

Weston, J.R

(dissenting in part and voting to reverse the final judgment in the following memorandum). While I agree that tenants’ petition* should have been dismissed, I disagree with the majority’s conclusion that landlord is not entitled to a *49judgment of possession on its counterclaim. In my opinion, there is no authority to support the proposition that a party cannot be awarded possession on a counterclaim during a summary proceeding.

After tenants were issued repeated violations, which exposed landlord to financial penalties, landlord, in accordance with the lease, served tenants with a…