{"issue_text":"Whether plaintiff has capacity to institute action as executor dative","issue_type":"procedural","dispositive":"no","related_facts":"Distribution account approved July 2009, estate not yet fully liquidated"}
{"issue_text":"Whether defendant has right of first refusal","issue_type":"mixed","dispositive":"no","related_facts":"No written record, alleged verbal grant in 2004"}
{"issue_text":"Is plaintiff entitled to order evicting defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Non-payment of rent since September 2009, lease cancelled January 2010"}
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background
Facts of the Case
Background
Executor dative of deceased estate sued statutory tenant for eviction and arrear rentals. Tenant claimed right of first refusal and set-off for repairs. Court found no such right, tenant in breach for non-payment, executor had locus standi, ordered eviction and payment.
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