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.

Property Law Appellate Court Opinion

by Zigadto, Janet


AC43922 - Your Mansion Real Estate, LLC v. RCN Capital Funding, LLC ("Following a trial to the court, the defendant, RCN Capital Funding, LLC, appeals from the judgment of the trial court rendered in favor of the plaintiff, Your Mansion Real Estate, LLC, in an action brought pursuant to General Statutes § 49-8 (c). On appeal, the defendant claims that the trial court erred in (1) not dismissing the plaintiff's complaint on the ground that the plaintiff did not have standing because it admitted that it had incurred no actual damages and, therefore, was not aggrieved, (2) not permitting the defendant to introduce testimony concerning whether it was common practice for borrowers to contact the defendant if they had not received a § 49-8 (c) release, (3) rejecting the defendant's first special defense in which it alleged that the plaintiff had failed to mitigate its damages, and (4) rejecting the defendant's second and third special defenses in which it claimed that § 49-8 (c) was unconstitutional because it allows for punitive damages and excessive fines in violation of the eighth and fourteenth amendments to the United States constitution. We affirm the judgment of the trial court.")