Justice Arthur G. Pitts

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Dietrichson moved for a final judgment of eviction awarding him possession of the subject premises, and a money judgment for the fair value of ex-wife Pinto’s use and occupancy in this breach of contract action. Pinto cross-moved for summary judgment as to the issue of liability only. The parties were previously divorced and entered into a stipulation of settlement providing that Pinto was to receive 30 percent of gross receipts of a snow removal business, and 50 percent of the net selling price, if sold. Pinto’s prior motion for a preliminary injunction preventing Dietrichson from selling the property and for a constructive trust were denied. Dietrichson’s motion for a judgment of eviction was denied as moot as counsel advised Pinto vacated the premises Aug. 21, 2014. The court, however, noted as Dietrichson failed to establish a landlord/tenant relationship—created by a lease both were parties to—his motion for a money judgment for the fair value Pinto’s use and occupancy was denied. Further, as Dietrichson acknowledged he failed to comply with the terms of the stipulation, Pinto made out a prima facie showing warranting judgment as to liability only, which Dietrichson failed to submit evidence rebutting same.