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State Courts -
Connecticut - January 23, 2006
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50 Day St. Assocs. Limited Partnership v. Norwalk Hous. Auth., X08CV020191396S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, COMPLEX LITIGATION DOCKET, AT STAMFORD, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: In a pollution case, a property owner was not entitled to open the judgment and reopen the evidence pursuant to Conn. Gen. Stat. ? 52-212a and Conn. Gen. Prac. Book, R. Super. Ct. ? 17-4 because it did not demonstrate due diligence regarding new evidence of groundwater measurements, which it could have obtained before trial.
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Crowell v. Kogut, CV044000404S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: To the extent a landowner acquiesced to a request to revise the original complaint, and his substitution of counsel was based on a conflict of interest and not on avoiding the law of the case doctrine, an objection to some amendments was overruled. But, objections to amendments stating new claims, and did not relate back, were sustained.
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D&J Earthwork & Dev., LLC v. Town of Lyme Conservation Commission, CV040569373,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 23, 2006, Decided , January 23, 2006, Filed
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Eberhart v. Imperial Constr. Servs., LLC, CV020470542S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: The court found that an individual proved that she owned a particular piece of property via adverse possession pursuant to Conn. Gen. Stat. ? 52-575; from 1972, when a fence was installed, until the present, she and her husband possessed the property exclusively.
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Hous. Auth. of Wethersfield v. Davis, HDSP135528,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, HOUSING SESSION AT HARTFORD, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: Judgment of immediate possession was granted in favor of a landlord because the KAPA notice satisfied all the requirements of Conn. Gen. Stat. ? 47a-15, the tenant failed to cure the breach, and the notice to quit served on the tenant satisfied all the statutory requirements including Conn. Gen. Stat. ? 47a-23, and was timely and properly served.
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In re Justin F., UO6CP04004754A, U06CP04004755A,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: Because the parents did not establish any basis set forth in Conn. Gen. Stat. ? 52-270 for a new trial, and given the overwhelming weight of the evidence that the children were neglected and that the parents were delusional, there was no basis to find that a new trial would produce any different result as to the adjudication of neglect.
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Jeffery v. Passeri, CV030830204S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: Summary judgment was granted in favor of the employer on the employee's retaliation claim because the employee was terminated in December 2001 and filed suit in July 2004 and the employee was terminated well before he filed his wage claim.
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Kohlberg v. St. Francis Hosp., CV040834211S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: Because a patient could plead alternative theories of negligence in separate counts, one alleging specific acts of negligence and the other based on res ipsa loquitur, the hospital's motion to dismiss was denied.
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Magness v. CPI Home T&P Bus. Improvement, LLC, CV040286633S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: Mechanic's lien against the property owned by the debtors was invalid, as a home improvement contract between the lienor and the debtors did not comply with the requirements of Conn. Gen. Stat. ? 429, and was thus unenforceable. Moreover, the lienor failed to show that the debtors acted in bad faith.
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Merritt River Ptnrs v. Am. Safety Cas. Ins. Co., CV044004159,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: Plaintiffs, who had obtained default judgment against insured party of insurer, were not entitled to recover from insurer under Conn. Gen. Stat. ? 38a-321. Insurer did not receive notice of underlying suit until nearly year after default judgment was entered. Insurer was prejudiced because it was deprived of opportunity to defend insured party.
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