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   State Courts - Connecticut - February 1, 2005

  
AFSCME, Council 4, Local 704 v. Dep't of Pub. Health, (SC 17120), SUPREME COURT OF CONNECTICUT, February 1, 2005, Officially Released
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Overview: A union's unilateral grant of an extension of time to an arbitrator without the other party's consent constituted a waiver of the union's right to challenge the award, which was unfavorable to the union, as untimely.

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Conn. Educ. Assn v. Milliman USA, Inc., X04CV020103472S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 1, 2005, Decided , February 1, 2005, Filed
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Overview: Other than a negligence claim, summary judgment was denied to a law firm and an actuarial and consulting firm with regard to a client's suit for breach of contract and malpractice, because genuine issues of material fact existed as to what services should have been and were provided and whether the limitations period was tolled.

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Ennis v. Larson, CV040411804S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 1, 2005, Filed
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Overview: Under Conn. Gen. Stat. ? 45a-175, a motion to dismiss was denied in a case arising from the probate of a will because a superior court had jurisdiction to hear common law claims, and the probate court was not permitted to award damages. Personal jurisdiction was established by service at the usual place of abode under Conn. Gen. Stat. ? 52-57(a).

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Evans v. Weissberg, (AC 23893), APPELLATE COURT OF CONNECTICUT, February 1, 2005, Officially Released
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Overview: Trial court properly found that neighbors dispossessed owner of a strip of land where evidence showed that neighbors' erection of fence interfered with owner's access to part of property, and owner exercised dominion over land before fence was built.

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Fleet Nat'l Bank v. Carswell, CV020393683S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 1, 2005, Filed
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Overview: Defendant transferee was not entitled to summary judgment on plaintiff's action seeking to have the transfer of property voided because the issue of whether defendant was liable for personal damages must be determined by the trier of fact if it was found that the conveyance was fraudulent under Conn. Gen. Stat. ? 52-552e.

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Floryan v. Witter, CV030827041S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 1, 2005, Decided , February 1, 2005, Filed
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Goldfisher v. Conn. Siting Council, CV030524650S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 1, 2005, Filed
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Overview: Any claim made by a property owner as to diminution of his property value was entirely speculative and not supported by the evidence. Thus, he was not deprived from any use or enjoyment of his property nor was he deprived of any other pre-existing property right. Hence, he did not establish aggrievement.

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HSBC Mortg. Corp. v. Tak Suen Ho, 4000413, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 1, 2005, Decided , February 1, 2005, Filed
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Overview: Where a debtor proffered sufficient evidence in a foreclosure action filed by a creditor to demonstrate that payment of the mortgage it had with the creditor was timely made, and the checks representing payment were never negotiated, a genuine issue of material fact existed as to whether the payments were tendered.

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Hazzard v. Hazzard, FA030197511, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 1, 2005, Decided , February 1, 2005, Filed
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Overview: In a divorce action wherein both parties expressed a desire to provide financial assistance to one of their children in college, but failed to provide any evidence with regard to such expenses, the trial court ordered that each parent was to contribute to such expenses to the best of their ability.

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Houseknecht v. Houseknecht, FA970137897S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, February 1, 2005, Decided , February 1, 2005, Filed
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Overview: Father's appeal of a family support magistrate's child support and alimony arrearage order was denied; although there was conflicting evidence, the evidence was sufficient to support the magistrate's findings regarding family living arrangements during the relevant time frame.

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