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   State Courts - Connecticut - January 7, 2003

  
Loustau v. Loustau, FA960151491S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 7, 2003, Filed
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Overview: Substantial change in circumstances since date of last alimony order, namely former wife's loss of employment and former husband's increase in net income, warranted granting her amended motion for modification and increasing her alimony award.

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Marquardt & Roche/Meditz & Hackett v. Riverbend Exec. Ctr., (AC 21928), APPELLATE COURT OF CONNECTICUT, January 7, 2003, Officially Released
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Overview: Lessor did not give reasonable notice to a lessee when it decided to repaint parking spaces leased to the lessee and remove the lessee's signs, and thus, a judgment granting injunctive relief to the lessee was affirmed.

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McAuley v. Frederick, CV000338203S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, January 7, 2003, Decided , January 7, 2003, Filed
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Overview: Counterclaim seeking indemnification from town in negligence action filed by its employee, the injured party, against tortfeasor and his employer was insufficient. It failed to allege an independent duty that town owed to the tortfeasor and employer.

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Montanaro v. Gorelick, CV970346208S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 7, 2003, Decided , January 7, 2003, Filed
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Overview: The owner's claim against the father, alleging that the father fraudulently executed a deed, was barred by the three-year limitations period. The owner's action was not instituted within three years of the filing of the allegedly fraudulent deed.

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Montgomery v. Homestead Health Ctr., CV010182762S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 7, 2003, Decided , January 7, 2003, Filed
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Overview: Court was without jurisdiction to hear a malpractice case against a nursing home where the nursing home had filed a bankruptcy organization plan, which had been confirmed, after the date of the alleged malpractice.

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Morgera v. Chiappardi, (AC 21418), APPELLATE COURT OF CONNECTICUT, January 7, 2003, Officially Released
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Overview: In a foreclosure action, transaction test was satisfied and trial court should have heard evidence on mortgagor's fraud-based counterclaim since it related to same transaction that led to mortgage and also related to fraud-based defense to mortgage.

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Pedra v. Zoning Bd. of Appeals Hartford, CV010812803, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 7, 2003, Filed
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Overview: Appeal from decision of Zoning Board of Appeals of the City of Hartford (Connecticut) was dismissed for lack of subject matter jurisdiction, as appeal was not properly served because copy was not left with, or at abode of, Board's chairman or clerk.

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Scholl v. Westport Planning & Zoning Comm'n, CV020187778, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 7, 2003, Decided , January 7, 2003, Filed
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Overview: Traffic report on senior center was not deficient with respect to possible future expansion. Town's application for a special permit was improperly granted where senior center would increase traffic congestion, which was already over capacity.

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State v. Higgins, (AC 21913), APPELLATE COURT OF CONNECTICUT, January 7, 2003, Officially Released
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Overview: A trial court was not foreclosed from considering the evidence from the State's case-in-chief that a defendant sexually molested a victim in considering his guilt for the crime of tampering with a witness; the evidence was sufficient.

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State v. Mazzeo, (AC 21365), APPELLATE COURT OF CONNECTICUT, January 7, 2003, Officially Released
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Overview: Reports were irrelevant to any viable theory of defense, so trial court did not err in excluding them. Defendant failed to preserve jury polling issue. Polling was not a constitutional right and claim did not merit review under plain error doctrine.

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