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   State Courts - Connecticut - January 9, 2004

  
Comm'r of the DOT v. Fleet Nat'l Bank, CV010074615S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, January 9, 2004, Decided , January 9, 2004, Filed
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Overview: Under the parties' lease, the property owner, and not the leasehold interest owner, was entitled to the entire amount of condemnation proceeds. The taking damaged the property owner's fee estate and not the leasehold interest.

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Estate of Treadwell v. Yale-New Haven Hosp., CV010278583S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, GEOGRAPHICAL AREA 7 AT MERIDEN, January 9, 2004, Decided , January 9, 2004, Filed
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Overview: Counts in a medical malpractice complaint alleging loss of chance damages could be pled along with a wrongful death claim and the doctor and hospital defendants were denied their motions to strike the loss of chance count.

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Founders C.D., LLC v. Bray, CV030830337S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 9, 2004, Filed
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Overview: Property owners had not established probable cause to sustain the validity of their claim regarding a retention pond as the pond was working precisely as designed. Thus, the lis pendens was discharged.

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Gonthier v. Slaga, 563827, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 9, 2004, Decided , January 9, 2004, Filed
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Overview: Although a contractor and a subcontractor negligently constructed a fireplace, their actions were not a violation of the Connecticut Unfair Trade Practices Act because they were not experts and did not intend to deceive the owners.

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Kelly v. City of New Haven, CV000444614, CV010454311, CV030477275, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN, January 9, 2004, Decided , January 9, 2004, Filed
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Overview: City's promotional practices regarding civil service test takers of rounding exam scores, grouping candidates, and promoting from among groups of candidates violated city's charter and civil service rules, and, thus, were permanently enjoined.

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Livingston v. Marcucio, CV010075146S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, January 9, 2004, Decided , January 9, 2004, Filed
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Overview: Homeowners failed to show that landscaper was doing business falsely under assumed name where court found, inter alia, that the business at issue had its own business address, insurance policy, license, sales and use permit, and tax returns.

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Page v. Lake Rd. Trust Ltd., CV030069627, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, January 9, 2004, Filed
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Overview: Although a snow removal contractor had a contractual duty to remove ice and snow, apportionment was improper because liability could not be apportioned between possessors of property and a snow removal contractor in a slip and fall action.

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Peterken v. Iovino, CV030402502, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 9, 2004, Decided , January 9, 2004, Filed
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Overview: The individual's prior action could not saved by the accidental failure of suit statute as earlier dismissals showed a pattern of dereliction unexplained by claims that notices were not received, counsel's suspension, or significant file activity.

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Rosa v. Obar, CV000156932, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 9, 2004, Decided , January 9, 2004, Filed
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Overview: A landlord claiming title to a real estate parcel by adverse possession did not show his exclusive possession of the disputed parcel sufficient to establish adverse possession or that his control over the property was hostile.

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Sidiropoulos v. Bridgeport Hosp., CV030401830S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 9, 2004, Filed
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Overview: Hospital's motion to strike was denied as to a former employee's claim of defamation per se; whether intra-corporate communication was protected by qualified privilege was a question of law beyond the scope of a motion to strike.

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