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   State Courts - Connecticut - February 19, 2003

  
Bertini v. New Haven Bd. of Zoning Appeals, CV020468557S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, February 19, 2003, Decided , February 19, 2003, Filed
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Overview: Record did not support board of zoning appeals' judgment that denying variance to setback ordinance would create hardship for homeowner who wanted to build second story on house, and court sustained abutting owner's challenge to board's decision.

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Carney v. Fed. Express Corp., CV020467894, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 19, 2003, Decided , February 19, 2003, Filed
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Overview: In injured party and mother's action against a motorist, trial court denied mother's motion to strike special defense of inadequate parental supervision, but granted motion to strike motorist's special defense alleging failure to state valid claim.

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Caruso v. Caruso, CV020465379, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 19, 2003, Decided , February 19, 2003, Filed
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Overview: A trial court had subject matter jurisdiction over an action seeking partition by sale of real property that was held by tenants in common, even though the grantor still had a reserved life use in the property.

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City Of New Haven ex rel. New Haven Bd. of Educ. v. Spose, CV010456998S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 19, 2003, Decided , February 19, 2003, Filed
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Overview: The condemnation award to the property owners was inadequate where the city's appraiser valued two floors of one of the parcels as storage space rather than residential space. Interest at rate of eight percent per annum was equitable.

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Davis v. Canavan, CV990427765, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 19, 2003, Decided , February 19, 2003, Filed
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Overview: Subcontractor was not entitled to summary judgment on firefighter's negligence claim since whether cover for stairway hole was reasonably safe and whether temporary guardrails should have also been constructed and installed were questions of fact.

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Day v. Warden, CV010003455, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, GEOGRAPHICAL AREA 19 AT ROCKVILLE, February 19, 2003, Decided , February 19, 2003, Filed
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Overview: A petition for a writ of habeas corpus was denied because petitioner received effective representation from both his trial defense counsel and his appellate defense counsel.

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Fitzpatrick Elec. v. L&S Monroe Rest. Mgmt., CV020392071S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 19, 2003, Filed
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Overview: Contractor's motion to strike a company's special defense and counterclaim in relation to an action to foreclose a mechanic's lien was denied; unclean hands could be asserted as a special defense, and the CUTPA counterclaim was adequate.

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Hillis v. Hillis, FA000179465S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 19, 2003, Decided , February 19, 2003, Filed
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Overview: For purposes of alimony under an agreement, gross income did not include husband's withdrawals from a pension account, where he had retained the account as his share of marital property, and asset grew by post decree contributions and appreciation.

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Lergos v. Lergos, FA020729183, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 19, 2003, Decided , February 19, 2003, Filed
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Overview: In divorce action, husband was ordered to pay weekly alimony of $ 100 for 12 years, wife was to retain interest in shopping center and Greek property, and wife was ordered to convey interest in home to husband in exchange for mortgage of $ 75,000.

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Pri Capital Funding, LLC v. E. Capital Funding, LLC, CV010559410S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 19, 2003, Decided , February 19, 2003, Filed
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Overview: Indian tribe was not necessary party to plaintiff's tortious interference claim, as it had not been alleged to have engaged in tortious interference; defendants' motion to strike was denied as to all claims in which defendants advanced this argument.

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