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   State Courts - Connecticut - January 20, 2004

  
Kremenitzer v. Kremenitzer, (AC 23677), APPELLATE COURT OF CONNECTICUT, January 20, 2004, Officially Released
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Overview: Court properly granted the ex-wife's motion to correct the qualified domestic relations order by valuing the ex-husband's 401(k) plan as of the date of marriage dissolution, as this was the intent of the parties, as shown by a separation agreement.

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Lawrence Mall of New Haven v. City of W. Haven, CV030478088, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 20, 2004, Decided , January 20, 2004, Filed
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Overview: In an action challenging a city's method of collecting back taxes, a group of taxpayers satisfied their burden of showing that the case met all of the requirements governing class certification based on commonality of their claims against the city.

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Menon v. Dux, (AC 23563), APPELLATE COURT OF CONNECTICUT, January 20, 2004, Officially Released
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Overview: Jury verdict for driver was not set aside even though it was not supported by entire record, as driver's version of car accident was consistent with damage sustained by both vehicles, and police officer opined that the driver's version was correct.

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Motiva Enters. v. Town of Greenwich, CV020189677S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 20, 2004, Decided , January 20, 2004, Filed
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Overview: In an appeal from the assessment value of real property, the property owner failed to prove that the city, in assessing three properties, over valued any of the properties based on possible uses, sizes, and income possibilities for the properties.

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Mroczek v. Kret, (AC 23911), APPELLATE COURT OF CONNECTICUT, January 20, 2004, Officially Released
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Overview: Trial court properly excluded testimony by an engineer in an injured party's personal injury action, because the trial court properly determined that the relative safety of a walkway was within the common knowledge of the jurors.

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Nat'l Collectors v. Tierney, CV010277857S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 20, 2004, Decided , January 20, 2004, Filed
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Overview: Where the borrower submitted two letters from the FDIC demanding payment under the notes as proof that the statute of limitations had run, the borrower was not entitled to summary judgment, as the uncertified letters were inadmissible at trial.

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Quintana v. Evergreen Nursery, Inc., CV020282526S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 20, 2004, Decided , January 20, 2004, Filed
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Overview: Contractor's indemnity claim did not defeat employer's workers' compensation exclusivity defense. Although contractor alleged that parties had independent legal duty based upon contract, it did not allege express or implied promise of indemnity.

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Richards v. Richards, FA030080577S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 20, 2004, Decided , January 20, 2004, Filed
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Overview: The parties' very brief marriage was dissolved and neither party was to blame where there were major financial problems and difficulties in balancing a family that included the wife's children from a prior marriage. Alimony was not warranted.

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Schweitzer v. Aidinis, X08CV000177860, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, COMPLEX LITIGATION DOCKET, AT STAMFORD, January 20, 2004, Decided , January 20, 2004, Filed
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Overview: Motion to strike the special defense of contributory negligence was granted in part as to the pleadings of two defendants, who did not allege causation in their pleadings, but was denied in part as to the pleadings of the remaining defendants.

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Sound House Condo. Ass'n v. Berry, CV030399566S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 20, 2004, Decided , January 20, 2004, Filed
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Overview: Where a condominium association never acquired personal jurisdiction, due to lack of proper service, over a mortgagee in an action to foreclose its statutory lien, the trial court could open the judgment of foreclosure.

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