The plaintiff, a commercial tenant under a lease, brought an action against her landlord, the attorney who represented the landlord and a state marshal, regarding the execution of an eviction. Halloran & Sage represented the marshal and obtained a summary judgment in his favor in the trial court which the plaintiff then appealed. The Appellate Court affirmed the trial court’s judgment.

Procedurally, the Court ruled that where a plaintiff does not replead a stricken count of a complaint and later proceedings dispose of the action, the court has jurisdiction over the appeal. Substantively, the Court ruled that there was no stay of execution in place when the plaintiff appealed from the judgment of possession.