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   State Courts - Connecticut - February 8, 2005

  
Hanley v. Hanley, FA030196535S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 8, 2005, Decided , February 8, 2005, Filed
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Overview: A wife in a dissolution action was awarded the marital home where she showed that her parents had gifted $ 300,000 toward the $ 467,500 purchase price and that additional monies toward repairs and improvements for the house were also gifted by her parents during the course of the marriage.

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In re Michelle C., CP02006995A, CP02006996A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, February 8, 2005, Filed
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Overview: Father's parental rights were terminated under Conn. Gen. Stat. ? 17a-112; reasonable attempts had been made at reunifying him with his children, he had not reached any level of rehabilitation by the time of adjudication, rehabilitation was not possible within a reasonable time, and termination was in the best interests of his children.

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Kelley v. Aetna, Inc., CV040833157, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 8, 2005, Decided , February 8, 2005, Filed
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Overview: Corporation's motion for summary judgment, alleging that company, not corporation, was in control of site where a slip and fall occurred, was denied where issue of fact existed as to whether corporation or company was in control of site. Papers filed by corporation raised an issue of fact as to whether corporation, in fact, had control of premises.

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Logan v. City of New Haven, File No. CV-04 4002762S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 8, 2005, Decided , February 8, 2005, Memorandum Filed
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Overview: A court granted a city and a board of education's motion to strike the third and sixth counts of a student's action for negligence and assault because Conn. Gen. Stat. ? 10-235(a) did not create a direct cause of action allowing a person allegedly injured by a negligent employee of a board of education to sue the board directly.

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Mortgage Elecs. Registration Sys. v. Mendez, 4000349, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 8, 2005, Decided , February 8, 2005, Filed
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Nieves v. Hous. Auth. , CV040200048, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 8, 2005, Decided , February 8, 2005, Filed
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Overview: In plaintiff's personal injury action against a housing authority, the housing authority, as landowner with nondelegable duty to maintain its premises in a reasonably safe condition, could not bring apportionment action under Conn. Gen. Stat. ? 52-572h(c) against independent contractor for whose negligence housing authority was vicariously liable.

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Penske Truck Leasing Co., L.P. v. Portland Asphalt, LLC, CV030101674S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 8, 2005, Decided , February 8, 2005, Filed
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R.A. Villanova & Co. v. Chatfield, CV040182702S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, February 8, 2005, Filed
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Overview: Where homeowners failed to sustain their Connecticut Unfair Trade Practices Act claim for misconduct against a contractor under the cigarette rule and failed to support their slander of title claim by properly pleading special damages and malice, the contractor's motion to strike said claims was granted.

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R.I. Pools, Inc. v. Lillien, CV044000871, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 8, 2005, Decided , February 8, 2005, Filed
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Overview: A court denied customers' motion to strike a pool company's complaint for breach of contract and foreclosure of a mechanic's lien because, by attaching a copy of the contract to their motion to strike when the contract was not reproduced anywhere in the body of the complaint, the customers made a "speaking motion to strike."

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Sargent v. Smith, (SC 17093), SUPREME COURT OF CONNECTICUT, February 8, 2005, Officially Released
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Overview: Appeals court improperly reversed judgment of trial court because referee had reasonably found that lessor had failed to prove that he was entitled to funds receiver was ordered to pay to water authority during foreclosure suit brought by mortgagee.

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