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   State Courts - Connecticut - February 27, 2003

  
Leonard v. Gagstetter, CV010184131S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 27, 2003, Filed
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Overview: Motion to strike unjust enrichment claim was denied; even if lack of a contractual remedy had to be pleaded, necessary allegation was implied by equitable nature of claim and by mortgagor's allegations of being coerced into signing note and mortgage.

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Lisa, Inc. v. Amore Apizza, CV020464367S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 27, 2003, Filed
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Overview: A factfinder properly found in favor of a defendant; the plaintiff failed to subpoena the defendant, and, even though the defendant was present in the courthouse, there was no rule that required the defendant to testify at the proceeding.

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Montanaro v. Nationwide Ins. Co., CV010380448, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 27, 2003, Decided , February 27, 2003, Filed
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Overview: Where the water which entered an insured's building was surface water, an insurer was not obligated by its policy to compensate the insured for damages which he alleged occurred as a result of water entering and damaging his building.

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Philbrick v. All State Boiler & Constr., 557587, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 27, 2003, Decided , February 27, 2003, Filed
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Overview: Neither uncertified deposition testimony, nor purported business records, which were not supported by affidavits showing that they were kept in regular course of business, were considered in summary judgment motion, and motion was denied.

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Pitruzello v. Muro, X07CV000072168S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, February 27, 2003, Decided , February 27, 2003, Filed
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Overview: Where parties expressly authorized their attorney to enter into a settlement agreement on a matter which was to go to trial the next day, based on specifically disclosed terms of settlement, they were bound thereby.

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R.T. Vanderbilt Co. v. Cont'l Cas. Co., (X02)CV970151482S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, February 27, 2003, Decided , February 27, 2003, Filed
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Overview: A "potentially responsible party" letter was not a "suit." Construing the term "suit" to include prelitigation claims obliterated the distinction between the terms "claim" and "suit" used in the insurance policies.

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Reiner v. Reiner, FA000725148, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 27, 2003, Decided , February 27, 2003, Filed
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Scandura v. City of Middletown, CV010094798S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 27, 2003, Decided , February 27, 2003, Filed
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Overview: Retired employees were not parties to subsequent collective bargaining agreements entered into by their former union. Retiree's medical benefits were governed by collective bargaining agreement in force when she retired, not by a later agreement.

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Sekeret v. Zdanis, CV010085916S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 27, 2003, Decided , February 27, 2003, Filed
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Overview: In a protracted pleading battle, the court, in part, denied a motion to strike all counts of plaintiff's complaint on misjoinder grounds because plaintiff was entitled to combine equitable and legal remedies and counts in different capacities.

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State v. Cooke, CR01174970, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 27, 2003, Decided , February 27, 2003, Filed
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Overview: Although defendant invoked right to remain silent after his arrest and on the next day, statement that he finally gave later on second day was admissible where police scrupulously honored his right to cut off questioning and he signed Miranda waiver.

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