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| Attys. Title & Abstract Co. v. Esposito, CPA, CV040410913S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 2, 2005, Filed
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Overview: Where spouse had invoked spousal privilege, there was no question that the witness had standing to assert the privilege. Accordingly, a court granted the wife's motions for a protective order and to quash a deposition where she was subpoenaed to testify in a deposition in connection with a company's suit against her husband, a contract accountant.
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| Carlson v. Carmel Homes of Conn. LLC, CV04400065,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 2, 2005, Decided , February 2, 2005, Filed
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Overview: Buyer's admission in an offer of proof that it owed the debt that was the focus of a seller's breach of contract action constituted a judicial admission that was dispositive of the breach of contract claim; thus, the seller's motion for summary judgment on the claim was granted.
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| Davis v. Adm'r, Unemployment Comp. Act, CV040201279S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 2, 2005, Decided , February 2, 2005, Filed
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Overview: Employee's unemployment compensation appeal should not have been dismissed on procedural grounds where material ambiguities in the findings of fact and legal conclusions supporting the dismissal were present. Thus, the employee's claim was remanded to the appeals referee for an adjudication on the merits.
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| Eternal Enter. v. Carnegie Capital Corp., CV030822957S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 2, 2005, Decided , February 2, 2005, Filed
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Overview: In an apartment borrower's suit against a lender for breach of a loan commitment, the court dismissed (1) bad faith count since it did not allege a dishonest purpose or sinister motive and since the commitment unmistakably expressed the respective rights of the parties and (2) unfair trade practices count since the acts took place out-of-state.
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| Fuchs v. Allstate Ins. Co., CV010388001S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 2, 2005, Filed
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Overview: Conn. Gen. Stat. § 38a-336 plainly meant that recovery was limited to the highest amount recoverable under either the primary, secondary, or excess policy but not a combination of any of those policies; thus, both the unambiguous text and the policy language in question precluded the recovery which a passenger sought.
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| Golodner v. Sawaha, FA040129782,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, February 2, 2005, Decided , February 2, 2005, Filed
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Overview: Since an attempted service at a mother's "last known address" demonstrated a "guess" as to her usual abode and an unnecessary departure from the requirements of Conn. Gen. § 52-57(a), and the father neither sought nor obtained an order of notice, service of process at the mother's "last known address" was improper as to the custody action.
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| Hawkins v. Statewide Griev. Comm., CV030523614S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 2, 2005, Filed
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Overview: Because the Connecticut Statewide Grievance Committee proceeded to a decision without a quorum present at the disciplinary hearing, it violated the due process rights of the attorney. Thus, the matter had to be remanded.
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| Mercaldi v. Mercaldi, FA030406018S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 2, 2005, Filed
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Overview: In wife's action against a husband for dissolution of the parties' marriage, the court dissolved the marriage because it had broken down irretrievably; the wife was entitled to a greater percentage of the escrow funds as it was a long-term marriage where the husband's earnings exceeded the wife's and he had two pending workers' compensation cases.
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| Palladino v. Pellini, CV040199821S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 2, 2005, Filed
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Overview: Evidence did not support allegations of property owners, brought under Conn. Gen. Stat. §§ 52-480 and 52-570, that their neighbor maliciously erected an extension to a fence on her property because no evidence the owners offered showed how the neighbor maliciously intended to impair use, value, or enjoyment of their property by extending her fence.
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| Pastore v. Papaleo, CV044000886,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 2, 2005, Decided , February 2, 2005, Filed
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Overview: Motion to strike both a fraud count and a request for attorneys fees in a complaint's prayers for relief was granted because plaintiff failed to file a memorandum in opposition to the motion to strike as required by Conn. Gen. Prac. Book, R. Super. Ct. § 10-42(b) (formerly § 155).
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