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| 54-56 Broadway, LLC v. Smithfield Assoc., LLC, 15549,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, GEOGRAPHICAL AREA 21 AT NORWICH, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Trial court lacked subject matter jurisdiction over landlord's summary eviction action against the tenants and, thus, that action had to be dismissed; landlord was not a legal entity in existence at time the notice to quit was issued based on the tenants' alleged failure to pay rent and at the time the landlord filed the summary process action.
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| Atkins v. Christina Props., CV040411920S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 5, 2007, Filed
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Overview: Trial court denied condominium seller's summary judgment motion regarding claims it breached implied warranties under Conn. Gen. Stat. § 47-200 et seq. and Conn. Gen. Stat. § 47-116 et seq.; contract could not limit implied warranties under Conn. Gen. Stat. § 47-200 et seq. and action was not time barred under Conn. Gen. Stat. § 47-116 et seq.
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| Banerjee v. Foster, CV040410456S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Insured's motion for summary judgment as to counts against an insurance company seeking underinsured motorist benefits and alleging negligence was granted, as the insurance company did not obtain the written request or informed consent form signed by the insured as provided in Conn. Gen. Stat. § 38a-336(a)(2).
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| Belanger v. Terrio, HHBCV065001431S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, March 5, 2007, Decided
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Overview: Because the policy limits of an alleged tortfeasor's policy were the same as those in the insureds' policy, as a matter of law, the underinsurance coverage provided to the insureds' vehicle under Conn. Gen. Stat. § 38a-336 was not activated; consequently, the insurer was entitled to summary judgment.
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| Bridgeport Habour Place I, LLC v. Ganim, X06CV044008409S,,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Though plaintiff alleged facts establishing that it lost its ability to develop a property due to the wrongful acts of a mayor and others, as its complaint failed to allege any facts showing that defendants' conduct had an adverse effect on competition as a whole, its complaint failed to state a claim of a violation of Connecticut Antitrust Act.
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| Calabrese v. Dellavolpe, CV040490181,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Property owner's summary judgment motion was denied as to plaintiff's personal injury action, because a triable issue of fact existed as to whether the owner or a lessee was in possession or control of the property where plaintiff was injured when plaintiff fell into an uncovered post hole.
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| Cohen v. Westport Flood & Erosion Control Bd., FSTCV064010477,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: While both control board and conservation commission had to rule on organization's application for construction of a building within waterway protection lines, both Conn. Gen. Stat. § 7-147 and Westport, Conn., Code ch. 148, allowed judicial review of the board's final decision before the commission ruled; motion to dismiss appeal was denied.
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| Emond v. Emond, FA020459895S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Because the finding by a bankruptcy court that an ex-husband's thrift savings plan was "in the nature of support" did not mean that the provision was modifiable, and the order that the ex-husband transfer half of his thrift savings plan to the ex-wife was a one time requirement, the order was not modifiable under Conn. Gen. Stat. § 46b-86.
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| Giddens v. Giddens, FSTFA064010427S,
SUPERIOR COURT OF CONNECTICUT, March 5, 2007, Decided , March 5, 2007, Filed
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