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   State Courts - Connecticut - March 5, 2002

  
Finkeldey v. Limpkin, CV010096856S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, March 5, 2002, Decided , March 5, 2002, Filed
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Overview: Motion to dismiss complaint based on insufficiency of service of process was denied; any insufficiency in service of process was deemed waived where motion to dismiss complaint was filed more than 30 days after defendant filed appearance.

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Graff v. O'Connell, CV010095518S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, March 5, 2002, Decided , March 5, 2002, Filed
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Overview: Connecticut dog owners failed to state claims against neighbors who accused them of allowing excessive noise and operating illegal kennel for slander, invasion of privacy, or intentional infliction of emotional distress.

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Greco v. Anderson, CV000500393S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, March 5, 2002, Decided , March 5, 2002, Filed
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Overview: Summary judgment motion was denied because the court could not determine whether a statute of limitations defense applied as there were material issues in dispute between the parties as to the dates on which statements were made.

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Houde v. Consiglio, CV980420506S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 5, 2002, Decided , March 5, 2002, Filed
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Overview: Since an appeal was filed, albeit by only one of the tortfeasors, an arbitrator's decision was null and void and the injured party could not enforce any part of the judgment.

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Hunte v. Amica Mut. Ins. Co., (AC 21076), APPELLATE COURT OF CONNECTICUT, March 5, 2002, Officially Released
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Overview: As the injured party's prior compensation exceeded the jury's determination of damages, the trial court properly rendered judgment in favor of the insurer, because to do otherwise would have resulted in an impermissible double recovery.

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Ierubino v. Ierubino, FA940314740S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 5, 2002, Decided , March 5, 2002, Filed
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Overview: Although there was a rebuttable presumption that the income deviation was not substantial, there was a change in primary residence of one child. Thus, the support order was modified.

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Janney v. Janney, FA010382322S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 5, 2002, Decided , March 5, 2002, Filed
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Overview: Wife's second motion for exclusive possession of marital home was barred by res judicata; second motion was identical to first, and it provided no new evidence that was unavailable at time of first motion.

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Landmark Dev. Group v. Tmk Assocs., CV000554947S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, March 5, 2002, Decided , March 5, 2002, Filed
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Overview: The option had expired. The developer was not ready and able to consummate the transaction. Under all of the circumstances, it would not have been equitable to allow the developer to enforce a contract even if one were found to exist.

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Nargi v. City of Waterbury, CV960133015S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, March 5, 2002, Decided , March 5, 2002, Filed
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Overview: The court held the proceedings before the board were not proceedings in a court of law and thus collateral estoppel did not apply. The fair market value of the property had been overassessed.

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Pequonnock Yacht Club, Inc. v. City of Bridgeport, (SC 16500), SUPREME COURT OF CONNECTICUT, March 5, 2002, Officially Released
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Overview: It was unreasonable for redevelopment agency to arbitrarily reject repeated requests by property owner to negotiate property's assimilation into overall redevelopment plan. Property taken by eminent domain was properly reconveyed to owner.

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