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State Courts -
Connecticut - January 29, 2004
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Bentley, Mosher, Babson & Lambert, P.C. v. People's Bank, X08CV01197279,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, COMPLEX LITIGATION DOCKET, AT STAMFORD, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: Bank's motion to dismiss an action arising from the bank's act of honoring cashier's checks with forged signatures was denied; plaintiffs were the owners of the account on which the checks were drawn, and had standing to bring the action.
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Braun v. Kelly, CV000178768S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: Judgment was entered for an architectural company and an engineer in home owner's negligence action; the owners failed to show any negligence in the design of a house, and any negligence would not have been a substantial factor in the damage.
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Corey v. Hobert, CV020818589S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: Movants were not entitled to reconsideration, where they alleged that trial court failed to consider certain evidence and testimony. Trial court addressed evidence and testimony at issue in its decision and decided credibility issues against movants.
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Cornfield Point Ass'n v. Town of Old Saybrook, X06CV020178542S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: Town was immune from property owners' claims seeking title to real property based on adverse possession, as the town had not abandoned the property, and held the property in question in fee for public use as scenic overlooks.
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Croxford v. Brock, FA03-0348081 S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: A trial court granted divorce, child support that deviated from guidelines, additional money for autistic child's day care and other children's school activities, home, physical custody of children, and other relief to wife in dissolution action.
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Everson v. Rite-Aid of Conn., Inc., CV010064871,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: Since an injured party in a premises liability case would not incur a financial hardship or inconvenience if a premises owner's doctor was the physician who performed an independent examination, her objection to the doctor was unreasonable.
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Hebert v. Frontier of Northeast Conn., Inc., CV010065465,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: In an executor's suit against a nursing home, administrator, and dietician for decedent's wrongful death, trial court, inter alia, did not strike negligence counts alleging six distinct violations of federal nursing home minimum duty regulations.
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Izard v. Izard, FA010727767S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: Ex-wife's motion to reopen and/or vacate financial orders entered in a divorce action was denied; the ex-wife stipulated to the value of real property, and the stipulation could not be set aside based on alleged mutual mistake as to valuation.
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Lenihan v. Lenihan, FA970327176S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: Trial court reversed and remanded magistrate's child support modification decision because magistrate did not find substantial change of circumstances or take into account husband's financial needs or husband's and wife's earning capacities.
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Martinez v. State, CV00377191S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 29, 2004, Decided , January 29, 2004, Filed
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Overview: Where legislation enacted during the pendency of a trooper's indemnification lawsuit against the State indicated that it was effective from the date of passage, it was not applicable and the State's motion to dismiss the action was granted.
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