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   State Courts - Connecticut - January 28, 2003

  
Atithi Hospitality v. Alagna, CV000340733S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, January 28, 2003, Decided , January 28, 2003, Filed
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Overview: A motel developer and his limited liability corporation were entitled to remediation costs for pollution cleanup costs on a property bought from the sellers and their limited liability corporation, as well as the previous owner of the property.

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Barnett v. Warden, CV990336853S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, January 28, 2003, Decided , January 28, 2003, Filed
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Overview: Petitioner's trial counsel was not ineffective, as he performed an adequate investigation, including interviewing witnesses and reviewing State's file, and he made justified tactical decisions about cross-examination. Habeas corpus relief was denied.

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Carroll v. Hulton, CV010168390S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 28, 2003, Filed
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Overview: An employer's motion to strike was granted, as to an employee's claim against the employer arising from an assault on the employee by a coworker; the claims against the employer did not sound in any legal theory that would permit recovery.

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Christensen v. Zoning Bd. of Appeals, CV020820602, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 28, 2003, Filed
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Overview: As service of a pleading amendment was improper, it was a nullity. The amendment did not give the proper notice of the proceedings. As the amendment's service and content were flawed, it was a nullity. The court lacked subject matter jurisdiction.

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Cumberland Farms v. Zoning Bd. of Appeals, (AC 21047), APPELLATE COURT OF CONNECTICUT, January 28, 2003, Officially Released
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Overview: Landowner was not entitled to rebuild gas station since zoning regulations had been revised to prohibit such use and gas station did not qualify as preexisting, nonconforming use since owner at time of revision did not intend to revive gas station.

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Elliott v. Larson, CV010508747S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 28, 2003, Decided
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Overview: The failure to award noneconomic damages was inconsistent with the jury's conclusion of injury and the award of lost wages. The victim was unaware of his congenital condition and thus, he must have suffered pain as a result of the accident.

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Ferdinand v. City of New Haven, CV970401180S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 28, 2003, Decided , January 28, 2003, Filed
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Overview: There was no private cause of action based on a failure to erase criminal records.

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Hartford Cas. v. Litchfield Mut., CV010510618S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 28, 2003, Decided
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Overview: Commercial general liability policy did not cover liability claim brought against owner of closely held corporation for dog bite where dog was not incidental to the business, or ownership or use of the premises, but was the insured's personal dog.

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Hershman Recycling v. Am. Disposal Servs. of Mo., CV0104504069S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 28, 2003, Filed
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Overview: A waste paper broker was entitled to damages on a contract with a recycling company because the company did not perform under the contract and held out another entity as its own, and an employee of that entity signed the contract with the broker.

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Hewett v. Leon, CV020089103S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 28, 2003, Decided , January 28, 2003, Filed
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Overview: While a bookcase was never delivered to the purchaser or her $ 20,000 returned, a restorationist was owed money for other work. Thus, the purchaser provided no reasonable basis for her claimed loss. Prejudgment interest was denied.

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