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State Courts -
Connecticut - January 7, 2005
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Bowden Dev., T.L.I., LLC. v. Taus, CV040104241, CV040103938,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 7, 2005, Decided , January 7, 2005, Filed
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Overview: Since the contractor held himself out as an experienced and competent contractor who knew or should have known of the town's requirements regarding the driveway, he could not escape liability for constructing an illegal driveway.
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Buddington Park Condo. Ass'n v. Taverna, CV030082826S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, January 7, 2005, Decided , January 7, 2005, Filed
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Overview: In lien holder's foreclosure action that arose out of residents' failure to pay common expenses assessments and fines for condominium, breach of covenant of good faith and fair dealing special defense was not valid defense to foreclosure action.
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Cramer v. Adm'r, CV040199684,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 7, 2005, Decided , January 7, 2005, Filed
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Overview: Finding that employee did not intentionally mislead her employer was proper where there was no evidence that the employee knew that her previous employer let her go because of poor work performance, and not for lack of work, as she told employer.
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Ferrigno v. Cromwell Dev. Assocs., CV880253032,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 7, 2005, Decided , January 7, 2005, Filed
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Overview: After reviewing the evidence in a deficiency hearing, the court accepted the tax assessor's valuation of a property per the assemblage doctrine, denied the debtor's request to reduce the interest rate on the judgment debt, declined to adjust the damages the creditor claimed based on the court's delay, and awarded reasonable attorney's fees.
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Iorio v. Sherman IGA, CV010162720S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 7, 2005, Decided
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Overview: Court denied defendant corporation's summary judgment motion, as it did not clearly show that it was not in existence or not responsible for its corporate, partnership, and individual predecessor owners on the date that a shelf fell on plaintiff.
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Lake Rd. Properties, L.L.C. v. Suffield Zoning & Planning Comm'n, CV040832682S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 7, 2005, Filed
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Overview: Zoning and planning commission's imposition, pursuant to Suffield, Conn., Zoning Regs. § 6.13.1, of conditions to grant of special use permit requiring private drive to be built certain way was improper. Regulations gave commission no authority to require applicant to construct private drive to imposed standards.
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Magnotta v. Manemeit, CV030101427S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 7, 2005, Decided , January 7, 2005, Filed
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Overview: In an action to clear title to certain real property, the court found an easement was of no force and effect, and judgment was entered for plaintiffs, clearing title to their premises.
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McLaren v. Bowden Dev., 5662233,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 7, 2005, Decided , January 7, 2005, Filed
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Overview: In a suit for breach of a construction contract from delay, judgment was entered for plaintiffs for $ 16,986; the house was delivered nine days late, and the certificate of occupancy was approved over two months late.
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Mingolello v. Conn. Light & Power, CV040286632S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 7, 2005, Decided , January 7, 2005, Filed
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Overview: Injured party's motion pursuant to Conn. Gen. Stat. § 52-212a to open a default judgment against him in a personal injury action was denied; the injured party failed to show that he had a good and compelling reason for opening the judgment.
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Mortgage Elec. Registration Sys. v. Pressman, CV030194914S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 7, 2005, Decided , January 7, 2005, Filed
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Overview: Because the mortgagor's special defenses, as viewed by the court through the lens of the equitable discretion governing the mortgage foreclosure cases, properly challenged the ability of the corporation and bank to enforce the note and mortgage at issue, the motion to strike the special defenses was denied.
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