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State Courts -
Connecticut - March 10, 2004
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Branford v. Commercial Flooring Concepts, Inc., CV030826299S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, March 10, 2004, Decided , March 10, 2004, Filed
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Overview: Where movant, apportionment defendant, filed motion to dismiss asserting that injured party's direct negligence action against movant was untimely, this argument could not be asserted in motion to dismiss and had to be asserted as special defense.
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Chatterjee v. Comm'r of Revenue Servs., CV000500672S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, March 10, 2004, Decided , March 10, 2004, Filed
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Overview: A trial court lacked authority to review a discretionary decision of the Commissioner of Revenue Services, denying taxpayers' claim for a refund for two particular years, as a controlling statute specifically excluded the court's ability to review.
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Doe v. Lasaga, CV990430858S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 10, 2004, Decided , March 10, 2004, Filed
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Overview: School board's motion for a directed verdict was granted as to plaintiffs' claim that the board was negligent in failing to supervise a counselor in a volunteer mentor program, because the board was entitled to governmental immunity.
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Dunican v. Bernhard-Thomas Bldg. Sys., CV030568019S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, March 10, 2004, Decided , March 10, 2004, Filed
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Overview: An employee failed to meet his burden under the probable cause standard for a prejudgment remedy and accordingly, such relief was denied; the court considered the credibility of the witnesses and weighed the probabilities.
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Engen v. Zoning Bd. of Appeals, CV020192283,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, March 10, 2004, Decided , March 10, 2004, Filed
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Overview: Because homeowners' variance application to construct a three-car garage was properly found to be substantially different from a previous application and the town zoning board properly granted the variance, an appeal of that grant was dismissed.
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In re Lindsey P. 1, T11CP030011536,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, March 10, 2004, Decided , March 10, 2004, Filed
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Overview: Comparing to Fourth Amendment Warrant Clause, court found children services (DCF) worker's affidavit for child protective custody was false and misleading, vacated custody order, did not order contempt, but ordered DCF to prevent recurrence.
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Kearns-Rodriguez v. Rodriguez, FA020392884S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 10, 2004, Filed
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Overview: In dissolution of marriage case, the court awarded custody of two minor children to wife, ordered husband to pay child support, ordered the husband to quit claim his interest in the family home to wife, and awarded no alimony to either party.
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Kustan v. Kustan, FA030404089S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 10, 2004, Decided , March 10, 2004, Filed
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Overview: Where the parties' marriage had broken down irretrievably, it was dissolved; the marital residence was to be sold and the proceeds divided 70/30, the husband's retirement accounts were to be split equally, and the wife was entitled to alimony.
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