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   State Courts - Connecticut - February 14, 2005

  
A.P. Savino, L.L.C. v. Cone, CV020188872, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 14, 2005, Decided , February 14, 2005, Filed
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Overview: In a dispute regarding a construction contract, two owners were unable to challenge a referee's report and recommendation based on factual findings because such was not permissible under the standards set forth in Conn. Gen. Prac. Book, R. Super. Ct. ? 19-17(a). Moreover, the complaint sufficiently alleged a breach of contract.

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Behm v. Abolafia, CV044001079S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 14, 2005, Decided , February 14, 2005, Filed
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Overview: Application for a prejudgment remedy, filed by a decedent's brother and mother, was denied, as they failed to support their claim that a caregiver forged the decedent's signature on a retirement fund designation, they lacked standing to bring said action, and the statute of limitations under Conn. Gen. Stat. ? 52-577 barred their claim.

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Berube v. M&G Imps., Inc., CV030521466S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 14, 2005, Decided
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Overview: To the extent a driver who was test-driving a new car in fact had insurance coverage, any failure to obtain proof of that coverage was immaterial. Thus, summary judgment was granted in favor of the car dealer based on Conn. Gen. Stat. ? 14-60.

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Camacho v. Costello, CV040526783S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 14, 2005, Decided
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Cianci v. Fleet Bank, N.A., CV990592397S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 14, 2005, Decided , February 14, 2005, Filed
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Overview: In a personal injury suit filed by bank customer who was injured using a night depository box, court granted a service company's motion to strike the bank's cross-claim for indemnification because the bank failed to plead sufficient facts to establish that the service company had exclusive control over the situation that caused customer's injuries.

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Nicklas v. Nicklas, FA040410685S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 14, 2005, Decided , February 14, 2005, Filed
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Ocwen Fed. Bank, FSB v. Waller, CV030401138, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 14, 2005, Decided , February 14, 2005, Filed
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Overview: Court granted foreclosure on mortgagors' property because evidence and testimony did not support mortgagors' claims that mortgagee victimized them by inducing them to act on three forbearance agreements to their injury and mortgagors did not satisfy conditions precedent to the reduction of the principal amount and interest rate owed on mortgage.

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Singletary v. Poyton, CV030473378, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 14, 2005, Decided , February 14, 2005, Filed
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Overview: In an injured party's negligence action against a volunteer, the volunteer filed a motion to strike on the ground that he was immune under the Volunteer Protection Act, 42 U.S.C.S. ? 14501 et seq. The issue could not be determined on a motion to strike because it required consideration of facts outside those alleged in the complaint.

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