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   State Courts - Connecticut - January 21, 2005

  
Bank of N.Y. v. Nat'l Funding, X01CV000171525S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 21, 2005, Decided
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Overview: A bank was awarded punitive damages in its action against a mortgage lender under the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. ? 42-110a et seq., because the lender's misrepresentations were material and deceptive; representing a loan-to-value ratio to be 60 percent when in fact it was 120 percent was clearly material to a lender.

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Baran v. Carvell, FA040072543, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: Mother's motion to dismiss plaintiff's Conn. Gen. Stat. ? 46b-59 action for visitation with her minor child was denied because plaintiff had a close and substantial parent-like relationship with the child, even though plaintiff was not the child's biological father, and real and significant harm would result should visitation be denied.

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Conn. Light & Power Co. v. Alfieri, CV020470342S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 21, 2005, Decided
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Overview: In electric company's suit against customer to recover debt owed for electric service charges incurred, judgment was rendered for company. While evidence showed that there was wiring problem during certain period, customer did not present evidence that balance reflected charges incurred as result of problem and did not contest accuracy of balance.

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Connors v. Evans, CV030284821S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 21, 2005, Filed
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Overview: Where action to foreclose tax lien on jointly held property was pending, and defendant benefited from plaintiff's payment of taxes from moment of payment because payment ended foreclosure threat, defendant's obligation for contribution was immediately "payable" under Conn. Gen. Stat. ? 37a-3. Plaintiff was awarded pre- and post-judgment interest.

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Ertel v. Rocque, CV030100647S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: Various constitutional claims against two state employees relating to the removal of a dock were dismissed based on sovereign immunity under Conn. Gen. Stat. ? 4-165. A takings claim under Conn. Const. art. 1, ? 11 was also dismissed because the employee did not have a property right in a dock he was ordered to remove based on a permit violation.

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Farley v. Farley, FA030733085, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: The marriage of approximately 37 years had broken down irretrievably with no hope of reconciliation. The court awarded property based upon the duration of the marriage.

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Ferrer v. Ferrer, FA044004659, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: Where a child was age 19 and had graduated from high school, the father was no longer required to pay child support to the child. The child had been emancipated pursuant to both Conn. Gen. Stat. ? 1-1d and Conn. Gen. Stat. ? 46b-84.

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In re Rochelle D., FO04CP03005644A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: Where neither parent cared for their child since she was 11 months old and neither would be out of prison until she was at least 13 years old, and where agency showed that reunification efforts required by Conn. Gen. Stat. ? 17a-112(J)(1) failed and that further efforts would not be in the child's best interest, parental rights were terminated.

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Miller v. Karaoke, Inc., CV030283527S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 21, 2005, Decided
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Overview: Injured pedestrian's counts in amended personal injury complaint, alleging negligent and reckless service of excessive alcohol, were time-barred under Conn. Gen. Stat. ? 52-584; they did not relate back to original complaint, which alleged only failure to keep premises free of snow and ice and failure to warn, as factual bases were so different.

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Papastavros v. Corbo, FA01075660, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: The court considered several motions between a mother and a father regarding child visitation arrangements, and found that assuming the mother could be assured that the father provided an appropriate sleeping accommodation for the child and was at all times substance free, her apprehension about his visits would diminish.

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