Connecticut, July, 2008, State Case law

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State Courts - Connecticut - July 22, 2008

Sunset Mortgage v. Agolio, AC 27915, APPELLATE COURT OF CONNECTICUT, July 22, 2008, Officially Released
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Overview: Trial court properly concluded that the notice of default and of acceleration was not defective. Homeowner was in default for his failure to pay the February and March, 2004 mortgage payments and it was clear from the promissory note that when the homeowner did not pay his mortgage by the first of the month, he was in default.

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Wysocki v. Town of Ellington, AC 27427, AC 27428, APPELLATE COURT OF CONNECTICUT, July 22, 2008, Officially Released
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Overview: Notice required by Conn. Gen. Stat. ? 12-111 was a mandatory condition precedent to a municipal board's decision to increase a property tax assessment. The clear and unambiguous language of ? 12-111 suggested that its notice provision was intended to provide a taxpayer with notice of the board's intention to increase a taxpayer's assessment.

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Zuccari v. Antares Yale & Towne Spe, LLC, X08CV065002096S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, COMPLEX LITIGATION DOCKET AT STAMFORD, July 22, 2008, Decided, July 22, 2008, Filed
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Overview: Conn. Gen. Prac. Book, R. Super. Ct. ? 10-39(a)(2) motion to strike negligence claims arising out of fire was granted because conclusory allegation that lenders had joint control over property with owner and manager, without allegation of possession or more specific allegations of control, were insufficient to create duty by lenders to occupants.

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