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| Amati v. Amati, FA030403606S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 15, 2005, Filed
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Overview: Where the husband's income from his job, $ 449 per week, was greater than the wife's employment-related income, $ 175 per week, and where the wife was awarded custody of the parties' two children, the husband was required to pay the wife $ 146 per week in child support and $ 100 per week in alimony.
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| America's Wholesale Lender v. Pagano, (AC 24447),
APPELLATE COURT OF CONNECTICUT, February 15, 2005, Officially Released
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Overview: While Conn. Gen. Stat. ¿ 52-123 cured circumstantial errors in misnaming defendants, the statute did not apply to a mortgagee which brought a foreclosure action in its trade name rather than its legal corporate name, since the mortgagee initiated the lawsuit as a fictitious entity with no legal existence; thus, the court lacked jurisdiction.
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| America's Wholesale Lender v. Silberstein, (AC 24592),
APPELLATE COURT OF CONNECTICUT, February 15, 2005, Officially Released
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Overview: Trial court lacked subject matter jurisdiction in foreclosure action as plaintiff trade name had no standing to sue; as trade name never legally existed, there was no legally recognized entity for which there could be a substitution pursuant to Conn. Gen. Stat. ¿ 52-109, so substitution of mortgage assignee did not cure the jurisdictional defect.
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| Ameriquest Mortg. Co. v. Umpierre, CV040286405S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, February 15, 2005, Decided , February 15, 2005, Filed
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Overview: Since a finding of actual notice could be inferred from the marshal's return of service which reflected in-hand service on the subsequent encumbrancer's registered agent, the presumed finding of actual notice obviated the need to grant a continuance pursuant to Conn. Gen. Stat. ¿ 52-87. Thus, the motion to reopen the foreclosure was denied.
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| Chadha v. Charlotte Hungerford Hosp., (SC 17029),
SUPREME COURT OF CONNECTICUT, February 15, 2005, Officially Released
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Overview: Denial of a motion for summary judgment in a defamation case was appealable under Conn. Gen. Stat. ¿ 52-263 because the motion was predicated upon a colorable claim of absolute immunity in judicial and quasi-judicial proceedings. Conn. Gen. Stat. ¿¿ 19a-17b(b), 19a-20 abrogated the common law rule of absolute immunity in those proceedings.
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| City of Waterbury v. Local 353, AFSCME Council 4, CV000161560S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, February 15, 2005, Decided , February 15, 2005, Filed
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Overview: City's motion to vacate an arbitration board's decision that answered an unrestricted submission tendered by the city and the union, pursuant to the CBA and Conn. Gen. Stat. ¿ 52-418, was denied because the board's award finding that the city violated the CBA conformed to the submission and the court could not further review the matter.
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| Daniels v. City of Norwich, 4100335,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, February 15, 2005, Filed
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Overview: Tax assessor's failure to provide notice of an assessment after revaluation of an owner's property deprived her of the ability to timely appeal to a board of assessment appeals under Conn. Gen. Stat. ¿ 12-111; therefore, her judicial action under Conn. Gen. Stat. 12-117a was not prevented by a failure to exhaust administrative remedies.
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| Denscot Swimming Pool & Landscape Servs. v. Herrmann, CV040092483S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 15, 2005, Filed
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Overview: Homeowner's motion to strike a contractor's breach of contract claim was granted as the contractor's cancellation notice in the agreement between the parties failed to comply with the cancellation notice requirements of Conn. Gen. Stat. ¿ 20-429(a) and included a waiver of cancellation in violation of Conn. Gen. Stat. ¿ 42-135a.
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| Didsbury v. Allstate Ins. Co., CV040092536S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 15, 2005, Decided , February 15, 2005, Filed
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Overview: Insurer's summary judgment motion in an action for uninsured motorist benefits was granted; although the limitations period was tolled by the insolvency of the tortfeasor's insurer pursuant to Conn. Gen. Stat. ¿ 38a-336(g)(2), the policy holder failed to file the instant action within one year of learning of the insolvency.
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| Dontigney v. Dontigney, FA030285366S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, February 15, 2005, Decided , February 15, 2005, Filed
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Overview: Parties' marriage was dissolved as irretrievably broken; wife kept "equity" gift made to her regarding purchase of family home, and husband kept money gift given to him by his father so that he could purchase a condominium when the parties separated.
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