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   State Courts - Connecticut - January 26, 2006

  
Baker v. Martinsky, CV044000936S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Where the seller sold the buyer a fishing boat with a defective outboard motor, the buyer was required to purchase a replacement engine. The buyer prevailed on his claim for breach of contract and was awarded $ 5,000, representing the amount of money necessary to procure an engine that would allow him to obtain the benefit of the bargain.

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Bellocchio v. Adm'r, Unemployment Comp. Act, CV044003167S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 26, 2006, Filed
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Bender Plumbing Supply v. S&S Servs., CV040287111S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 26, 2006, Filed
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Overview: Where former co-owner and owner, as partners in purchaser, guaranteed payment to seller, where former co-owner then notified seller that it was no longer partner, and where no one informed seller that partnership had been dissolved and purchaser had been formed into corporation, owner was estopped from denying liability for amounts owed to seller.

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Conn. Light & Power Co. v. Gilmore, CV030404311S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Where electrical utility showed that customers had benefited from receiving electrical utility service without paying for it over a period of 12 years, it stated claims for recovery under theories of both implied contract and unjust enrichment.

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Corcoran v. State Siting Council, CV040527048S, CV040527049S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 26, 2006, Filed
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Overview: Although its decision conflicted with zoning regulations, state siting council properly approved wireless carrier's application to build a tower because Conn. Gen. Stat. § 16-50x(a) gave it power to override town zoning provisions, and it performed its Conn. Gen. Stat. § 16-50p(a) obligation to balance competing concerns against need for coverage.

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Correa v. Comm'r of Corr., CV990002872, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT SOMERS, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Petitioner failed to meet burden of proving prejudice showing deprivation of Sixth Amendment effective assistance of counsel as even if motion to suppress was not filed in timely manner, seizure of stolen property found in his pants was completely justified, there was no Fourth Amendment violation so fruits of search would not have been suppressed.

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First Resolution Inv. Corp. v. Dobbs, CV030403634S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Agreement provided that North Carolina law applied, and under North Carolina law, since there was no evidence that an assignee repudiated agreement, the statute of limitations began to run when the last payment became due. A South Carolina judgment was modified as to attorneys fees and interest, but otherwise entered as Connecticut judgment.

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Fox v. Berlin Corp., CV054007637S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Where plaintiff alleged that retailer sold alcohol to minor who struck plaintiff's vehicle, plaintiff sufficiently alleged recklessness by retailer. Plaintiff alleged that retailer sold minor alcohol in violation of Conn. Gen. Stat. § 30-86 without first taking steps to ascertain his age and that retailer had no procedures to prevent such sales.

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Kitchens v. Kramer, CV040287229S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Because an alleged social host established that no genuine issues of material fact existed with regard to the absence of a duty running from him to an injured party, and the injured party failed to rebut the same, the social host was granted summary judgment as to the injured party's negligence and recklessness claims.

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Kitchens v. Kramer, CV040287229S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Where a social guest was injured during a fight at a party where alcohol was consumed, his personal injury suit against the homeowners could not be dismissed upon summary judgment; genuine issue of material fact remained as to the duty owed the guest under Conn. Gen. Stat. § 52-557a and whether the house sitter was acting as the homeowners' agent.

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