ERICKSON v. GELLER, 455 Mass. 1103 (2009)

916 N.E.2d 766

Supreme Judicial Court of Massachusetts.
October 22, 2009.

Reported below. 74 Mass. App. Ct. 1114 (2009). The application for further appellate review is denied without prejudice. It is further ordered, that the case is remanded to the Appeals Court for consideration of the merits of the plaintiffs claim challenging the validity of the Housing Court requirement that, as a tenant complaining about the conditions of her dwelling, she must sign the waiver in order to pursue her claim. The fact that the case was dismissed because the plaintiff failed to execute the waiver ought not preclude her from challenging the underlying order on appeal from the dismissal. Additionally, that the plaintiff might have had another avenue for obtaining review (by signing the waiver, proceeding to trial, and appealing from any adverse judgment) likewise does not preclude her from challenging the order in the manner in which she seeks to do so here. Nothing in this order precludes either side from seeking further appellate review of the underlying issue after further decision of the Appeals Court. MR JUSTICE IRELAND AND MME. JUSTICE COWIN did not participate.

Orders.

Further appellate review denied