South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that dismissal based on technical defect in notice to quit was not a “decision on the merits” and, thus, did not preclude second lawsuit
• holding that “the trial court’s dismissal, based upon a technical defect in the notice to quit, was not a decision on the merits” and, accordingly, did not bar the landlord’s second lawsuit
• holding, in an eviction action, that a judgment against a landlord based on a defective notice to quit did not have preclusive effect
• \Waiver is a question of fact and we will not overturn the trial judge's determination unless clearly erroneous.\
• “Waiver is a question of fact . . . .”
• offer of proof needed to preserve issue for appeal

Source: CourtListener parenthetical corpus (CC0).