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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The defendants raised this issue in their objection to Penrich’s motion for summary judgment, which is supported by an affidavit by defendant Evelyn Sullivan, and later in their motion to reconsider the court’s granting of the motion for summary judgment. Penrich acknowledged the existence of an agreement not to evict in its motion for summary judgment and in its response to the defendants’ objection to the motion for summary judgment, as well as in its briefs, but argues that the agreement is no longer binding because the declaratory judgment action was finally concluded by the decision of the superior court. We hold that the scope of the oral stipulation not to evict presents a genuine issue of material fact, and we remand this limited issue to the superior court for a determination of the scope of the stipulation and whether it is still binding on Penrich with regard to the remaining tenants.

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