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   State Courts - Connecticut - January 27, 2004

  
Antiuk v. Antiuk, CV030825485, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 27, 2004, Filed
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Overview: In relatives' action against landowners alleging the landowners held the land in trust for them, a single act of trespass by the relatives was not justification for a temporary injunction to prevent future trespasses.

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Auster v. Norwalk United Methodist Church, CV010184999, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 27, 2004, Decided , January 27, 2004, Filed
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Overview: Lessor was not entitled to summary judgment on claim it violated dog bite statute or negligence claim, as testimony that injured party had permission to be on premises and lessor knew of dog's vicious propensities created issues of material fact.

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Balfour v. Balfour, CV030826406S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 27, 2004, Filed
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Overview: A private sale of a deceased's real estate to the deceased's adult daughter to pay the estate's debts was approved because the offer was $ 10,000 above the fair market value and the deceased's widow was given the chance to buy at the same price.

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Carbone v. Carbone, FA030407798S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 27, 2004, Filed
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Carpenter v. Comm'r of Corr., (AC 23488), APPELLATE COURT OF CONNECTICUT, January 27, 2004, Officially Released
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Overview: Evidentiary hearing on inmate's second petition for habeas corpus relief was required where the second petition implied ineffective assistance of counsel claims based on different grounds than similar claims in the first petition were based.

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Charleston v. City of New Haven, CV030478287, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 27, 2004, Decided , January 27, 2004, Filed
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Overview: In an action against a city for failing to maintain a tree after the tree fell, summary judgment for the city was precluded because a vendor was an identifiable person who had been assigned a booth and the issue of imminent harm was one of fact.

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Chelsea G.C.A. Realty P'ship, L.P. v. Town of Clinton, File No. CV-01 0095887S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 27, 2004, Decided , January 27, 2004, Filed
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Overview: Partnership's appeal of a tax assessor's valuation of an outlet mall was denied; applying an appropriate capitalization rate to the mall's net operating income yielded a value that was approximately the same as the assessor's valuation.

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Chong Bok Park v. Kramer, CV030475833S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 27, 2004, Decided , January 27, 2004, Filed
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Overview: Attorneys' motions to strike a client's Connecticut UTPA claims were denied, because the claims concerned the collection of fees, which involved the entrepreneurial aspect of the practice of law and were therefore within the reach of UTPA.

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Curran v. Samos, LLC, CV030091852S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 27, 2004, Decided , January 27, 2004, Filed
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Overview: Company's motion to dismiss an action seeking to foreclose a mechanic's lien was denied, because the action to foreclose the lien was filed within the relevant one-year period provided by statute, and was thus filed in a timely fashion.

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Doe v. Advisors Healthcare Group, X01CV020170300S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 27, 2004, Decided , January 27, 2004, Filed
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Overview: Allegations of reckless conduct in a personal injury action arising out of an alleged sexual assault on an elderly female resident of a nursing home were stricken where they did not show more than gross negligence.

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