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   State Courts - Connecticut - February 26, 2003

  
People's Bank v. Otero, CV010385330S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 26, 2003, Filed
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Overview: The court lacked the authority to open a valid judgment more than four months after the entry of the order where the sale had been approved, title to the property had passed, and the debt had been paid.

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Simian, Inc. v. Dunkin' Donuts, CV020079556S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, February 26, 2003, Decided , February 26, 2003, Filed
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Overview: The franchise owner established a reasonable degree of probability of success as to its deceptive practices claim against the franchisor. However, an injunction would have caused considerable harm to the second franchisee, who had no culpability.

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Simms v. Simms, FA780035162S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 26, 2003, Filed
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Overview: The ex-husband's dramatic increase in earnings constituted a substantial change in circumstances when compared to the time of the divorce, to the extent that neither party anticipated it would occur. Thus, the ex-wife's alimony was modified.

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Stein v. Berens, CV940141249S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 26, 2003, Decided , February 26, 2003, Filed
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Tillman v. Warden, CV023659, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, GEOGRAPHICAL AREA 19 AT ROCKVILLE, February 26, 2003, Decided , February 26, 2003, Filed
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Overview: Where inmate, during recreation, was shackled and handcuffed with tether running from wrists to ankles, this was not cruel and unusual. Restraints did not jeopardize inmate's health and were not excessive use of force, given the inmate's misbehavior.

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Tyler E. Lyman v. Anteon Corp., 561134, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 26, 2003, Filed
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Overview: Real estate broker was entitled to six percent commission under listing agreement signed by landlord's predecessor and tenant since listing agreement did not terminate with conveyance of property from predecessor to landlord, its corporate successor.

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Underwriters at Lloyds of London v. Lauretti's Piepont Tavern, CV02078675, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, February 26, 2003, Decided , February 26, 2003, Filed
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Overview: Insurer had no duty to defend restaurant or owner in underlying human rights commission action since the insurance policy excluded coverage for defendants' refusal to employ, termination of employment, discipline, or discrimination.

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Wells Fargo Bank Minn., N.A. v. Handy, 0561694, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 26, 2003, Filed
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Overview: In mortgagee's foreclosure action, trial court granted motion to strike counterclaims related to mortgagee's breach of forbearance agreement; mortgagors did not allege mortgage was modified, so agreement did not arise from same transaction.

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