Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)

Citation: Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Parent Document: Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Jurisdiction: New Hampshire (state)
Effective Date: 1995-12-29
Original Source: https://www.courtlistener.com/opinion/8091585/penrich-inc-v-sullivan/ ↗

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*591Finally, the defendants contend that the parties entered into an oral stipulation in Judge Flynn’s chambers at the inception of the case that prevents Penrich from bringing eviction proceedings against any of the tenants participating in the rent withholding action until the case has been finally concluded. The existence and scope of this stipulation, they argue, present a genuine issue of material fact rendering inappropriate the superior court’s granting of Penrich’s motion for summary judgment on the petition for declaratory judgment. Summary judgment should be granted only when the trial court “finds no genuine issue of material fact, taking the affidavits and any other evidence on file most favorable to the party opposing the motion.” ERA Pat Demarais Assoc’s v. Alex. Eastman Found., 129 N.H. 89, 92, 523 A.2d 74, 76 (1986).

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