AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005)

Citation: AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005)
Parent Document: AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005)
Jurisdiction: New Hampshire (state)
Effective Date: 2005-09-07
Original Source: https://www.courtlistener.com/opinion/8093068/aimco-properties-llc-v-dziewisz/ ↗

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Nadeau, J.,
concurring specially. I concur in the judgment reversing the trial court’s decision because the landlord, AIMCO Properties, L.L.C. d/b/a Royal Crest Estates, concedes that the trial court erred when it ruled that the landlord did not have to serve a notice to quit upon the tenant, Kasha Dziewisz. The landlord argues that this error was harmless and, therefore, has the burden of proof on that issue. See Hodgdon v. Frisbie Mem. Hosp., 147 N.H. 286, 292 (2001). Our review is limited by the record provided by the appellant unless supplemented by the appellee. “An error is considered harmless if it is trivial, or formal, or merely academic, and was not prejudicial to the substantial rights of the party asserting it.” McIntire v. Lee, 149 N.H. 160, 167 (2003). Thus, in a civil case, we will not disturb the trial court’s judgment “where it appears that an error did not affect the outcome below, or where [we] can see from the entire record that no injury has been done.” Id. (quotation and brackets omitted). Because we have no transcript, we have no way of making this determination. Accordingly, I believe we have no choice but to reverse the trial court.

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