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   State Courts - Connecticut - January 30, 2003

  
Cagianello v. Cagianello, FA010076560S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 30, 2003, Decided , January 30, 2003, Filed
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Overview: Trial court dissolved a marriage based on irretrievable breakdown, awarded wife alimony of $ 1 per year for so long as certain liabilities existed, and divided other property and debts. Husband's spending activity contradicted his claim of no income.

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Cbc v. Giordano, CV020464363, CV020467998, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 30, 2003, Filed
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Overview: It was wrong as a matter of justice and equity to dismiss the actions under the prior pending action doctrine where there was no other pending action, and where there was no adjudication on the merits of the controversy between the parties.

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Chizmada v. Scandone, 358640, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 30, 2003, Decided , January 30, 2003, Filed
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Overview: Although the tortfeasor admitted negligence, he did not admit causation or damages. Accordingly, the burden remained on the victim to demonstrate that the tortfeasor's negligence was the proximate cause of the spinal injuries, which he failed to do.

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Conn. Bank of Commerce v. Giordano, C970395500, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 30, 2003, Filed
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Overview: Where a bank had withdrawn its complaint before a hearing on the merits, the case was not a judicial determination on the merits, and the property owners were not entitled to a judgment.

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Conn. Bank of Commerce v. Giordano, CV970399559, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 30, 2003, Filed
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Overview: The right of a plaintiff to withdraw his action before a hearing on the merits was absolute and unconditional. The court found that there had been no fact-finding hearing, and a bank was allowed to withdraw its foreclosure action.

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Dusi v. City of Waterbury, CV000160109S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 30, 2003, Filed
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FDIC v. Giordano, CV020467998, CV020464363, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 30, 2003, Filed
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Overview: Where two actions seeking different remedies based on same underlying note were filed by two different parties against same debtors, and action filed first was withdrawn, dismissal under prior pending action doctrine was not required.

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Hyde v. Town of E. Hartford Bd. of Pers. Appeals, CV000598787, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, January 30, 2003, Decided , January 30, 2003, Filed
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Overview: In an appeal from a municipality personnel board of appeals decision that held a candidate for fire lieutenant was not discriminated against, the decision was reversed because the board's final decision was not legally supported by the record.

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Massotti v. Chiffer, X01CV00016747S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 30, 2003, Decided , January 30, 2003, Filed
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Overview: Third party action was not allowed, as nothing prevented the assertion of an indemnification claim in timely fashion if the party sought to be sure that it would be managed and tried at the same time as the injured party's claim.

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Metro. Dist. Comm'n v. Local 184, Council 4, CV000803264S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 30, 2003, Decided , January 30, 2003, Filed
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Overview: Arbitration award finding employee's termination too harsh for not following protocol and not reporting illegal dumping did not offend an important state public policy, and, thus, arbitration award ordering his reinstatement would not be vacated.

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