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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Catelli v. Fleetwood, 842 A.2d 1078 (2004)

Citation
Catelli v. Fleetwood, 842 A.2d 1078 (2004)
Parent Document
Catelli v. Fleetwood, 842 A.2d 1078 (2004)
Jurisdiction
Rhode Island (state)
Effective Date
2004-03-11

Full Text

865 chars
On cross-examination of Hayden, defense counsel attempted to inquire whether the landlord once had operated an allegedly illegal engine repair shop in the garage adjacent to defendants’ apartment. Defense counsel also suggested that there were numerous housing code violations that would explain, if not justify, the withholding of rent. The trial justice barred this line of inquiry, however, because this defense had not been raised in the pleadings and plaintiff was not prepared to address the merits of the allegations. Therefore, the trial justice would not permit defendants to present evidence to support their allegations that the apartment was uninhabitable or that Catelli had sought to evict them in retaliation for making such allegations. In sustaining plaintiffs objection to defense counsel’s line of questioning, the trial justice ruled as follows: