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State Courts -
Connecticut - January 14, 2005
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Davis v. McDermott Chevrolet, Inc., CV020281269S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 14, 2005, Decided , January 14, 2005, Filed
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Overview: Where the customers' first two actions were dismissed and their third was filed after the applicable statutes of limitations had run, the third action was not saved by Conn. Gen. Stat. § 52-592(a). Under § 52-592(a), the third action had to be filed within one year of the first action. The third action was filed six years after the first one.
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Delvecchio v. Town of E. Haven, CV020459710S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 14, 2005, Decided , January 14, 2005, Filed
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Overview: Municipality was entitled to judgment in a pedestrian's suit seeking to hold municipality liable under Conn. Gen. Stat. § 13a-149 for a fall caused by an alleged defect in the sidewalk where there was no evidence showing that municipality had notice of alleged defect and reasonable opportunity to remedy it or to guard against injury from the same.
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Longo v. Waterbury Hosp. Health Ctr., CV030176553S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 14, 2005, Decided , January 14, 2005, Filed
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Overview: Hospital's motion to strike patient's claims for negligence and IIED was denied because allegations hospital made numerous telephone calls and threats to patient regarding unpaid bill were made when the hospital was aware hospitalization for which it was seeking to recover was result of malpractice and could support a cause of action for IIED.
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Mc Neiece Corp. v. Pacelli Drywall, LLC, CV010449092S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 14, 2005, Decided , January 14, 2005, Filed
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Sepulveda v. PM&E Sys., CV010455783,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 14, 2005, Decided , January 14, 2005, Filed
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Overview: In a personal injury action, where the evidence presented resulted in two issues of material fact: (1) who was in control of the leased building at the time of the injured party's accident; and (2) whether the landlord's presence was an indication of the landlord's control of said premises, the landlord was not entitled to summary judgment.
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Tchernotzkas v. Friar, CV04833336S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 14, 2005, Decided , January 14, 2005, Filed
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Overview: Property owners' claim and neighbors' counterclaim for malicious construction pursuant to Conn. Gen. Stat. § 52-480 were denied; the owners failed to prove the neighbors' planned garage was intended to obstruct their home's view, and the neighbors failed to show the owners built a fence to maliciously block the view of traffic on a road.
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Tchernotzkas v. W. Hartford Zoning Bd. of Appeals, CV040835317,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, January 14, 2005, Decided , January 14, 2005, Filed
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Overview: Although town's zoning regulations used the singular term "garage," this did not mean that homeowners were limited to one garage structure per property. The use of the singular might evidence the fact that most property owners would seek to build only one garage, but it did not impose a limit on number a homeowner could seek to build.
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