The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Contract Law Appellate Court Opinions

by Booth, George


AC42047 - Falcigno v. Falcigno (Breach of fiduciary duty; "Following a trial to the court, the plaintiff, David Falcigno, appeals from the judgment of the trial court rendered in favor of the defendant, Stephen Falcigno, on his cause of action for breach of fiduciary duty. The defendant cross appeals from the judgment of the court, rendered in favor of the plaintiff, on the defendant's counterclaim for breach of the representations and warranties contained in an agreement signed by the plaintiff. In his appeal, the plaintiff claims that the court erred in finding that the defendant proved, by clear and convincing evidence, fair dealing and full disclosure as to the defendant's purchase of the plaintiff's minority shares of stock. In his cross appeal, the defendant claims that the court improperly failed to award him attorney's fees pursuant to the agreement that the plaintiff signed as part of the stock transaction. We affirm the judgment of the trial court")

AC41283 - Demattio v. Plunkett (Breach of contract; violation of Home Improvement Act (§ 20-418 et seq.); judicial bias; "The self-represented plaintiff contractor, Arthur M. DeMattio, appeals from the judgment of the trial court, rendered following a bench trial, in favor of the defendant homeowners, Robert Plunkett and Karen Plunkett, on the plaintiff's complaint and the defendants' counterclaim in the amount of $21,720.34. On appeal, the plaintiff's claims distill to whether the trial court erred by (1) concluding that the home improvement contract entered into among the parties (contract) was invalid and unenforceable against the defendants as a result of the contract's noncompliance with the Home Improvement Act (HIA), General Statutes § 20-418 et seq., (2) making numerous factual findings contrary to the evidence presented at trial, (3) failing to determine that the defendants did not mitigate their damages, (4) improperly calculating its damages award, and (5) acting in a biased manner toward the plaintiff. We affirm the judgment of the trial court.")