Legal Opinion

Ciriello v. Fortin

Massachusetts District Court, Appellate Division

Decided July 1, 2011Published

1Opinion of the CourtPierce, J.

In this summary process action, the jury returned a verdict in favor of the landlord, plaintiff Gaetano Ciriello (“Ciriello”), for possession of the premises at 148 Elm Street, Everett, Massachusetts (the “premises”).1 The defendant-tenant, Linda A Fortin (“Fortin”), has appealed the trial court’s denial of her motion to dismiss brought on the ground that Ciriello had “movjed] prematurely to evict the Tenant before the expiration of the lease period, without stating any cause for termination.”2 We agree with Fortin that Ciriello failed to provide the required notice prior to terminating the…

2Cases cited5 opinions

  1. Feltch v. General Rental Co.Massachusetts Supreme Judicial Court · 1981
  2. Connors v. WickMassachusetts Supreme Judicial Court · 1945
  3. Strycharski v. SpillaneMassachusetts Supreme Judicial Court · 1946
  4. Scott v. Boston Housing AuthorityMassachusetts Appeals Court · 2002
  5. Dolben Co. v. FriedmannMassachusetts District Court, Appellate Division · 2008

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