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Contract Law

Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=414

AC38179 - LM Ins. Corp. v. Connecticut Dismanteling, LLC ("The defendant, Connecticut Dismanteling, LLC, appeals from the judgment of the trial court rendered in favor of the plaintiff, LM Insurance Corporation. On appeal, the defendant claims that (1) the court improperly admitted into evidence a certain document under the business records exception to the rule against hearsay, (2) there was insufficient evidence to support the judgment rendered in favor of the plaintiff and (3) the court improperly drew an adverse inference against the defendant for failing to call two witnesses at trial. We disagree with the defendant’s claims, and, accordingly affirm the judgment of the trial court.")


Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=405

AC37843 - William Raveis Real Estate, Inc. v. Zajaczkowski ("The defendants, Peter Zajaczkowski and Iwona Zajaczkowski, appeal from the judgment of the trial court, rendered after a trial to the court, in favor the plaintiff, William Raveis Real Estate, Inc. On appeal, the defendants claim that the court (1) erred in concluding that they had breached the exclusive agreement they had with the plaintiff, (2) abused its discretion by awarding the plaintiff attorney’s fees and costs in the absence of an evidentiary hearing, and (3) violated General Statutes § 42-150aa with respect to the award of attorney’s fees. We affirm the judgment of the trial court.")


Contract Law Appellate Court Opinion

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=383

AC37766 - Connecticut Home Health Services, LLC v. Futterleib ("This case concerns the enforceability of an alleged oral contract between a homemaker-companion agency and its clients. The defendants in this breach of contract action, Ann Futterleib and her husband Alfred Futterleib, appeal from the trial court's judgment partially in favor of the plaintiff, Connecticut Home Health Services, LLC, awarding $21,320.94 for caregiver services rendered by the plaintiff. The defendants claim, inter alia, that the court: (1) erred in finding that they had acted in bad faith, and, therefore, that the plaintiff's failure to comply with statutory requirements regarding home companion-care agencies was excused; and (2) erred in rendering judgment on an oral contract because chapter 400o of the General Statutes, entitled 'Homemaker-Companion Agencies' (Homemaker-Companion Agencies Act), specifically, General Statutes (Rev. to 2010) § 20-679, requires that this type of contract be in writing. We reverse in part the judgment of the trial court.")


Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=366

AC38493 - Just Restaurants v. Thames Restaurant Group, LLC ("The defendant, Thames Restaurant Group, LLC, appeals from the judgment of the trial court rendered in favor of the substitute plaintiff, John Russo, doing business as Just Restaurants Business Brokers. The dispositive issue is whether the trial court lacked subject matter jurisdiction over this action. We agree with the parties that the action was commenced by the named plaintiff, Just Restaurants, using a fictitious or assumed business name, or a trade name. Under our law, that name did not create or encompass a person or entity with a legal existence, and, therefore, the named plaintiff had had no capacity to bring an action. The court thus lacked subject matter jurisdiction over its complaint and the action. Accordingly, we reverse the judgment of the trial court and remand the case with direction to dismiss the action.")


Insurance Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=344

AC37936 - Holmes v. Safeco Ins. Co. of America ("The plaintiffs, Oliver Holmes and Hannah Sokol-Holmes, appeal from the summary judgment rendered in favor of the defendant, Safeco Insurance Company of America, on the plaintiffs’ claim for breach of contract and breach of the implied covenant of good faith and fair dealing in connection with the defendant’s failure and refusal to pay their claim for coverage under their homeowners’ insurance policy with the defendant for losses due to ice damming on their property in February of 2011. The court granted the defendant’s motion for summary judgment on the ground that the plaintiffs failed to commence an action within one year of the reported date of loss, as required by the time limitation provision of the subject homeowners’ insurance policy. On appeal, the plaintiffs argue, as they did before the trial court, that the one year time limitation provision of their policy was superseded as a matter of law by the eighteen month limitation provision of Connecticut’s standard fire insurance policy, as set forth in General Statutes (Rev. to 2011) § 38a-307, because the scope of coverage undertheir homeowners’ policy extended to losses caused by fire, which are governed by that statute. For the following reasons, we agree with the trial court that that claim must be rejected in this case, which does not arise from or concern a fire loss, and thus that the court’s judgment for the defendant must be affirmed.")


Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=345

AC38279 - Al Dente, LLC v. Consiglio ("The plaintiffs, Al Dente, LLC, and Carmine Capasso, appeal from the summary judgment rendered by the trial court in favor of the defendants, Robert G. Consiglio, Ruth F. Consiglio, and Richard E. Consiglio, individually, and as executor of the estate of Flora Consiglio. The plaintiffs claim that the court improperly concluded that no genuine issue of material fact existed as to any count of their operative complaint. We affirm the judgment of the trial court.")


Contract Law Supreme and Appellate Court Opinions

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=324

SC19700 - Horner v. Bagnell ("In this appeal, we consider whether an attorney, who represented clients in contingency fee matters that originated while he was a member of a two person law firm and continued to represent them after the dissolution of that firm, is obligated to share a portion of those fees with his former law partner when those fees were not paid until after the firm’s dissolution. The defendant, Jeffrey S. Bagnell, appeals from the judgment of the trial court, rendered after a court trial, awarding the plaintiff, Stephen P. Horner, damages in the amount of $116,298.89. On appeal, the defendant contends that the award, predicated on a theory of unjust enrichment, was improper because contingency fee matters are the property of the client, rather than the law firm, and the award violated the fee splitting provisions of rule 1.5 (e) of the Rules of Professional Conduct. Guided by the commentary to rule 1.5 (e) and the well established line of authority following Jewel v. Boxer, 156 Cal. App. 3d 171, 203 Cal. Rptr. 13 (1984), we conclude that the trial court properly awarded the plaintiff a portion of the contingency fees that the defendant collected subsequent to the dissolution of the firm. Accordingly, we affirm the judgment of the trial court.")

AC38085 - Meridian Partners, LLC v. Dragone Classic Motorcars, Inc.("The defendants, Dragone Classic Motorcars, Inc., Dragone Vintage Cars, NV, Inc., and Emanuel Dragone, appeal from the judgment of the trial court denying their motion to vacate a settlement agreement that was entered into between the defendants and the plaintiff, Meridian Partners, LLC. The plaintiff has filed a cross appeal, challenging the denial of its motion for contempt. We affirm the judgment of the trial court.")


Contract Law Supreme Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=306

SC19574 - CCT Communications, Inc. v. Zone Telecom, Inc. (Breach of contract; declaratory judgment; "The plaintiff, CCT Communications, Inc., appeals from the judgment of the trial court rendered in favor of the defendant, Zone Telecom, Inc., on the plaintiff's complaint and the defendant's counterclaim for damages. The case arises from a purchase agreement (purchase agreement) entered into by the parties in which the plaintiff was to provide various telecommunications equipment, software, and services to the defendant for a switch room located in Los Angeles, California (switch room). On appeal, the plaintiff claims that the trial court incorrectly rendered judgment in favor of the defendant on its complaint and the defendant's counterclaim. Specifically, the plaintiff asserts that the trial court incorrectly: (1) concluded that it breached the purchase agreement; (2) failed to award the plaintiff certain damages on count one of its complaint; and (3) awarded damages, costs and attorney's fees in excess of a limitation of liability clause in the purchase agreement. We disagree with the plaintiff and, accordingly, affirm the judgment of the trial court.")


Insurance Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=286

AC37828 - Aurora Loan Services, LLC v. Hirsch ("The substitute plaintiff, Nationstar Mortgage, LLC, appeals from the judgment of the trial court rendered, in part, in favor of the defendant, Connecticut Attorneys Title Insurance Company. The plaintiff claims that the court erred in: (1) its calculation of damages; (2) declining to award attorney’s fees; and (3) calculating prejudgment interest pursuant to General Statutes § 37-3a from the return date on the summons. We disagree and affirm the judgment of the trial court.")


Contract Law Supreme Court Opinions

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=267

SC19531 - Connecticut Light & Power Co. v. Proctor ("The sole issue in this certified appeal is whether the trial court properly found that the defendant, Gary Proctor, manifested assent to enter into an implied in fact contract with the plaintiff, Connecticut Light and Power Company, for the provision of electric services to a third party. We conclude that the Appellate Court properly determined that the trial court’s finding that the parties had entered into an implied in fact contract under which the defendant would be responsible for payment for those services was not clearly erroneous. Connecticut Light & Power Co. v. Proctor, 158 Conn. App. 248, 256, 118 A.3d 702 (2015). Accordingly, we affirm the judgment of the Appellate Court.")


Contract Law Appellate Court Opinion

   by Zigadto, Janet

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=257

AC38198 - Szynkowicz v. Bonauito-O’Hara ("The plaintiff, Peter Szynkowicz, appeals from the judgment rendered in favor of the defendant, Linda Bonauito-O'Hara, doing business as Linda's Team, William Raveis. The underlying dispute arose when the plaintiff and the seller, Edward Development Company, LLC, entered into a dual agency agreement naming Brenda Hanley, a realtor who worked for the same real estate company as the defendant, to act as their dual agent in connection with locating, purchasing and developing the property known as Lot 7 Meadow Brook Drive in East Haddam. After entering into the dual agency agreement, the plaintiff entered into a real estate contract with the seller to develop a single-family home on the property, which was subsequently cancelled when the seller was unable to complete construction. The plaintiff commenced this action against the defendant, whom the plaintiff alleges was also a party to the dual agency agreement, for the return of his deposited moneys advanced to the seller upon the advice of the defendant. On appeal, the plaintiff claims that the court erred in granting (1) the motion to strike count five of his complaint because he adequately had alleged an action for breach of an oral contract against the defendant, and (2) the motion for summary judgment because genuine issues of material fact exist as to the defendant's liability under counts one, two, three and four of his complaint. We affirm the judgment of the trial court.")



Insurance Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=215

AC38332 - Monroe v. Discover Property & Casualty Ins. Co. ("The plaintiff, the town of Monroe, appeals from the judgment of the trial court rendering summary judgment in favor of the defendant insurer, Discover Property and Casualty Insurance Company. The plaintiff claims that the court erred in holding that the allegations brought by a third party against the plaintiff in a prior action (underlying action) fell within an exclusion in the applicable policy, and, therefore, that the defendant had no duty to provide a defense to the plaintiff. We agree with the plaintiff and, accordingly, reverse the judgment of the trial court.")


Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=216

AC37979 - Meadowbrook Center, Inc. v. Buchman ("This appeal requires us to assess the interplay between a legislative mandate based on a public policy and a procedural rule of practice. On appeal, the defendant, Robert Buchman, claims that the trial court incorrectly denied his postjudgment motion for attorney's fees, sought pursuant to General Statutes § 42-150bb, on the basis that his motion for attorney's fees was untimely, pursuant to Practice Book § 11-21. We reverse the judgment of the trial court.")


Appellate Court Opinion

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=156

AC37811 - Vaccaro v. Shell Beach Condominium, Inc. ("The plaintiff, Enrico Vaccaro, appeals from the summary judgment rendered by the trial court in favor of the defendants, Shell Beach Condominium, Inc. (association), and certain individual members of its board of directors, Andrew Hames, Frank Meolli, Michael Gagliardi, Michelle Augliera, and Raymond Vermette (individually named defendants), on the basis that all of the plaintiff's claims arising from the deprivation of the use of a particular garage were time barred. The plaintiff argues that the court erred in rendering summary judgment in favor of the defendants, because, inter alia: (1) the trial court applied the wrong statute of limitations to count one of his complaint, which sought to enforce the condominium instruments; and (2) genuine issues of material fact exist as to whether the applicable statutes of limitations were tolled by virtue of the continuing course of conduct doctrine. We affirm the judgment of the court.")


Landlord/Tenant Appellate Court Opinion

   by Zigadto, Janet

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=133

AC38057 - Tomey Realty Co. v. Bozzuto’s, Inc. ("The plaintiff in this breach of contract action, Tomey Realty Co., Inc., appeals from the judgment of the trial court granting summary judgment on the plaintiff's complaint in favor of the defendant, Bozzuto's, Inc. On appeal, the plaintiff claims that the court erred in granting the defendant's motion for summary judgment because, in doing so, it ignored the operative language of the parties' integrated contractual agreement regarding the lease of commercial property and determined the amount of base rent owed under the lease, as amended, by improperly relying on a "whereas" clause in the preamble of the lease assignment.We reverse the judgment of the trial court.")



Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=124

AC37794 - Scarfo v. Snow ("The plaintiff, Neil Scarfo, appeals from the judgment of the trial court, rendered in favor of the defendants, Patrick Snow, Cider Hill Associates, LLC (Cider Hill), Premier Building & Development, Inc., Kane Street Associates, LLC, Cobblestone Associates, LLC, Premier Financial, Inc., Sydney Property Management, LLC, and Premier Development, Inc. On appeal, the plaintiff claims that the court erred in concluding that he did not establish his claims of spoliation of evidence, breach of contract, and breach of fiduciary duty against Snow. Although the trial court authored a well written and thorough memorandum of decision, we, nevertheless, conclude that the form of judgment was improper because the plaintiff lacked standing to assert these claims in his individual capacity, and we reverse the judgment and remand the matter with direction to dismiss the case.")


Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=92

AC37988 - Solairaj v. Mannarino Builders, Inc.("The plaintiffs, Manivannan Solairaj and Malini Manivannan, appeal from the judgment rendered after a trial to the court in favor of the defendant, Mannarino Builders, Inc. On appeal, the plaintiffs claim that the court’s findings underlying its conclusions that (1) the plaintiffs breached the purchase agreement and (2) the defendant did not breach the agreement were clearly erroneous. We disagree and, accordingly, affirm the judgment of the trial court.")


Declaratory Judgment Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=82

AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC ("The defendants MPM Enterprises, LLC (MPM), and Luke DiMaria appeal from the judgment of the trial court rendered in favor of the plaintiffs, Prime Locations of CT, LLC (Prime Locations), Hasson Holdings, LLC (Hasson), SMS Realty, LLC (SMS), and C&G Holdings, LLC (C&G). On appeal, the defendants argue that the court improperly (1) concluded that the plaintiffs had standing and (2) decided the case on a basis that was not pleaded, briefed or argued during the proceedings in the trial court. We agree with the defendants' second claim, and reverse the judgment of the trial court.")


Landlord/Tenant Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=63

AC37841 - Meeker v. Mahon ("The plaintiff, Alan Meeker, appeals from the judgment of the trial court, rendered after a bench trial, in favor of the defendants Cecile Mahon and David Mahon, Sr., nontenant cosigners of a lease between the plaintiff and the defendant lessees, David Mahon, Jr., and Melissa Choquette (tenants). The court determined that the defendants were not liable for damages caused and rent owed by the tenants occurring after September 30, 2012, the expiration date of the lease. On appeal, the plaintiff claims that the court erred (1) in concluding that the defendants, as cosigners of the lease, were responsible to the plaintiff for any unpaid damages and rent incurred only during the specifically defined term of the lease; and (2) in considering evidence extrinsic to the lease in order to discern the parties’ intent when the court determined that the intent of the parties was fully reflected in the four corners of the lease and no ambiguity has been claimed or identified. We affirm the judgment of the trial court.")


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