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   State Courts - Connecticut - January 8, 2007

  
64 Wall St., LLC v. City of Norwalk, FSTCV044000084S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 8, 2007, Filed
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Batista v. Brookfield Zoning Comm'n, DBDCV054003735, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: Appeal of denial of special permit application was dismissed as zoning commission's finding that change in use of property was illegal expansion of nonconforming use under Brookfield, Conn., Zoning Regs. § 242-309C was supported by substantial evidence as change would increase nonconformity from 18-parking space shortage to 33-space shortage.

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Burgess v. State, File Nos. CV-03 0520679S, CV-03 0520681S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 8, 2007, Decided , January 8, 2007, Memorandum filed
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Overview: Motion to dismiss was denied as Connecticut Claims Commissioner had authority to grant permission to sue for intentional torts, negligence, and conduct in between under Conn. Gen. Stat. § 4-160, including for willful and malicious actions. Connecticut legislature had same authority under Conn. Gen. Stat. § 4-159(c) as Commissioner.

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Carberry-Flynn v. Giumarra, CV040092512S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: In a personal injury action brought by plaintiffs against two defendants arising out of an automobile accident, evidence that one of the defendants failed to have the full extent of required insurance coverage was irrelevant to the issues in the case.

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E. Hartford Hous. Auth. v. Hurt, HDSP137311, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, HOUSING SESSION AT HARTFORD, January 8, 2007, Filed
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Overview: Invocation of the equitable doctrine against forfeiture was appropriate to bar plaintiff landlord's request for immediate possession in a summary process action, where the loss of subsidized housing would have been a substantial hardship to defendant tenant, and the tenant had demonstrated good faith in attempting to cure the default.

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Freeman v. Indian Spring Land Co., FSTCV054002991S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: As a negotiation committee member was a law school graduate and had been a member of various Bars, a company's board members could have reasonably believed he was an attorney, and documents prepared by him were protected from disclosure under the attorney-client privilege until such time as the board members were apprised of his true status.

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Haven Health Ctr. of Litchfield Hills, LLC v. Parente, CV030091743S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: As genuine material fact issues existed as to whether the manner in which a nursing home's residential admissions agreement was executed amounted immoral, unethical, oppressive or unscrupulous conduct and whether a patient's son sustained an ascertainable loss under Conn. Gen. Stat. § 42-110g(a), the son's summary judgment motion was denied.

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Host Am. Corp. v. Ramsey, CV064019497S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: Corporation's motion for an injunction prohibiting defendants from proceeding with a demand for arbitration of a dispute concerning employment contracts was denied because the evidence indicated that the chief executive officer of the corporation had apparent authority to execute the contracts with approval of the board of directors.

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Kiner v. Ward, FSTCV065000711S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 8, 2007, Filed
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Neugabauer v. Alzira, AANCV065001698, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT DERBY, January 8, 2007, Decided , January 8, 2007, Filed
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