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   State Courts - Connecticut - January 13, 2004

  
Metcalfe v. Sandford, AC 24097, APPELLATE COURT OF CONNECTICUT, January 13, 2004, Officially Released
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Overview: An alleged beneficiary failed to commence his original probate appeal in a timely manner, and therefore he could not save the appeal from the probate court, as he could not avail himself of the benefit of the accidental failure of suit statute.

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PSE Consulting, Inc. v. Frank Mercede & Sons, Inc., SC 16839, SUPREME COURT OF CONNECTICUT, January 13, 2004, Officially Released
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Overview: A verdict finding that a surety acted in bad faith in settling a claim on a payment bond for its own self-interested purposes supported a judgment against its indemnification claim; bad faith required an "improper motive" or "dishonest purpose."

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Robinson v. Robinson, FA020731874S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 13, 2004, Filed
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Rodriguez v. Sunriver E., LLC, CV010447710S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 13, 2004, Decided , January 13, 2004, Filed
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Overview: Car dealer did not prove for summary judgment purposes that it did not loan plates to an employee where a manager's testimony that the dealer only loaned the employee plates once, and not on the date of the accident, was contradicted.

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Rouleau v. Walter D. Sullivan, Inc., CV020821210S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 13, 2004, Decided , January 13, 2004, Filed
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Shea v. Denault, CV020283059S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, GEOGRAPHICAL AREA 7 AT MERIDEN, January 13, 2004, Decided , January 13, 2004, Filed
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Overview: Plaintiff's recklessness and statutory violation claims against defendant after a traffic accident withstood a motion to strike because she alleged that defendant violated an enumerated statute and that her damages were caused by such violation.

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Smith v. Fabrizio, CV 02 0087935, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 13, 2004, Decided , January 13, 2004, Filed
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Overview: Summary judgment was denied as to a builder's breach of contract claim, as there was an issue as to whether the parties agreed upon a home purchase price. As noncompliance with the New Home Construction Act was shown, summary judgment was granted.

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Somers v. Town of Oxford, CV020080319S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, January 13, 2004, Filed
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Overview: Property owner lacked standing to obtain a writ of mandamus compelling a town to call a developer's performance bond and to construct road proposed on the developer's subdivision map, as the owner's lot was adjacent to, but not in, the subdivision.

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State v. Asberry, AC 22476, APPELLATE COURT OF CONNECTICUT, January 13, 2004, Officially Released
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Overview: Defendant's conviction of conspiracy to commit assault in the first degree was supported by sufficient evidence; the jury could reasonably have found that defendant agreed to engage in the assault and to use a dangerous instrument.

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State v. Butler, AC 23371, APPELLATE COURT OF CONNECTICUT, January 13, 2004, Officially Released
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Overview: Convictions for robbery and conspiracy to commit robbery were affirmed because the trial court properly refused to permit a defense witness to testify on the issue of third party guilt and properly instructed the jury on circumstantial evidence.

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