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   State Courts - Connecticut - February 26, 2003

  
Curry v. Turyek, CV020517359S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 26, 2003, Decided
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Overview: Where allegations of earlier case were identical to those in present case, present case was dismissed under prior pending action doctrine. Statements made in open court were privileged, and defendant was immune from suit based on such statements.

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Degraca v. Stearns & Wheler, X03CV990509934S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN, COMPLEX LITIGATION DOCKET AT NEW BRITAIN, February 26, 2003, Filed
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Overview: Employer's motion to strike negligence count in contractors' third-party complaint was granted under exclusivity provision of Workers' Compensation Act. Connecticut Unfair Trade Practices Act count was stricken as it was not for indemnification.

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Dyer v. Dyer, FA96540528S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 26, 2003, Filed
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Overview: A father's motion to reopen a judgment to modify custody was granted and the father was given physical custody of his daughter; a material change in circumstances had occurred, and it was in the daughter's best interest to live with the father.

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Gold Star Inn v. Collins, 18627, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, GEOGRAPHICAL AREA 10 AT NEW LONDON, February 26, 2003, Filed
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Overview: Where arbitration was not an express condition precedent to the bringing of a summary process action and the condition could not be implied, and where a notice to quit was valid, a tenant's motion to dismiss could not be granted.

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Itech Consulting Ptnrs v. Briand, CV020345540S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, February 26, 2003, Filed
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Overview: An employer's claim which alleged that its former employee violated the Connecticut Unfair Trade and Practice Act by working for a competitor and soliciting business from the firm's customers was adequate and was not stricken.

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Juarez v. Toscano, CV020469277, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 26, 2003, Decided , February 26, 2003, Filed
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Keene v. Langer, CV020088105S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 26, 2003, Decided , February 26, 2003, Filed
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Overview: Trial court denied motion to dismiss complainants' action against alleged violators of inland wetlands regulated activity; court had primary jurisdiction since statute provided issuance of commission order was not to delay or bar court action.

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Malakian v. Greenfield, CV990337205S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, February 26, 2003, Filed
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Overview: Failure to award personal injury damages did not mean that jury was confused about deciding liability and damages, as injured party's pre-existing conditions could have led jury to find that tortfeasor's negligence was not cause of alleged injuries.

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Mathison v. Kyle, CV020346900, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, February 26, 2003, Filed
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Overview: Trial court denied abutters' motion to dismiss landowner's ejectment suit, based upon encroaching septic system; abutters' res judicata, statute of limitations savings clause, and misjoinder claims were to be properly raised by motion to strike.

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New Britain Gen. v. Mobley, CV0105102082, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 26, 2003, Decided
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Overview: Hospital was entitled to summary judgment as to liability where patient's admissions were conclusive that he owed unpaid debt to hospital. Hospital was not entitled to summary judgment as to amount of debt since there was question as to amount owed.

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