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 Supreme Court Opinion

by Townsend, Karen


SC19953 - Corsair Special Situations Fund, L.P. v. Engineered Framing Systems, Inc. (“The United States Court of Appeals for the Second Circuit sought this court’s advice as to whether a Connecticut state marshal is entitled to the statutory fee of 15 percent on the amount of the execution ‘for the levy of an execution, when the money is actually collected and paid over, or the debt . . . is secured by the officer’; General Statutes § 52-261 (a) (F); when the marshal properly served the writ of execution on a third party holding a debt owed to the judgment debtor, but the judgment creditor received money from the third party only after a court issued a turnover order.

Pursuant to General Statutes § 51-199b (d), we accepted certification on the following questions from the Second Circuit:

‘(1) Was [intervenor Connecticut State] Marshal [Mark A.] Pesiri entitled to a [15] percent fee under the terms of [§ 52-261 (a) (F)]?

‘(2) In answering the first question, does it matter that the writ was ignored and that the monies that were the subject of the writ were procured only after the judgment creditor, not the marshal, pursued further enforcement proceedings in the courts?’ Corsair Special Situations Fund, L.P. v. Engineered Framing Systems, Inc., 863 F.3d 176, 183 (2d Cir. 2017).

We answer the first question: Yes. We answer the second question: No.”)