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| Bank v. Messino, TTDCV085002921S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND AT ROCKVILLE, July 30, 2008, Decided, July 30, 2008, Filed
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Overview: Because it was mathematically impossible for a homeowner to satisfy all the necessary conditions attendant to the foreclosure protection statutory restructuring scheme in Conn. Gen. Stat. ¿ 49-31f, her application was denied.
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| Camelot Modular Homes, Inc. v. Freska, CV075001754S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX AT MIDDLETOWN, July 30, 2008, Decided, July 30, 2008, Filed
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Overview: As the court found that the defective items were not in fact defective and the delays were largely caused by the property owners, judgment entered in favor of a builder for a foreclosure of mechanic's lien in the amount of $ 19,205. Thus, the builder was also entitled to attorney's fees under Conn. Gen. Stat. ¿ 52-249.
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| Carpentino v. Gaffey, CV075003014,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX AT MIDDLETOWN, July 30, 2008, Decided, July 30, 2008, Filed
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Overview: Conn. Gen. Stat. ¿ 14-295 was a penal statute and, pursuant to Conn. Gen. Stat. ¿ 52-599(c)(3), the motorist's claim for double or treble damages pursuant to Conn. Gen. Stat. ¿ 14-295 did not survive against decedent's estate; offenses in Conn. Gen. Stat. ¿ 14-295 were wrongs against State and were not meant to address wrongs done to individuals.
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| City of Meriden v. Kenney, CV074007467S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT MERIDEN, July 30, 2008, Decided, July 30, 2008, Filed
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Overview: Fine of $ 250 was imposed under Conn. Gen. Stat. ¿ 8-12 for one day of contempt as property owner violated temporary injunction prohibiting her from operating premises in violation of Meriden, Connecticut, Zoning Code. On July 7, 2008, owner had three horses on property. Contempt was limited as one horse did not violate Code.
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| Daniels v. Herrscher, CV074025324S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN, July 30, 2008, Decided, July 30, 2008, Filed
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Overview: Motion to strike was denied as beneficiary sufficiently alleged that executrix was engaged in trade or commerce under Connecticut Unfair Trade Practices Act by alleging that executrix fraudulently caused beneficiary to decline appointment as executor of estate, and intentionally falsified inventory list filed with probate court.
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| Kaminsky v. Scoopo, CV086002084S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN, July 30, 2008, Decided, July 30, 2008, Filed
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Overview: Driver's complaint did not allege sufficient facts to show that the owner knew or should have known that operator to whom the owner entrusted his vehicle had dangerous propensities or incompetencies prior to collision of operator's vehicle with driver's vehicle and, thus, driver's claim against owner for negligent entrustment had to be stricken.
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| Koenig v. Silvino, CV075008712S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN, July 30, 2008, Decided, July 30, 2008, Filed
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Overview: Motion of owner and operator to strike recklessness claim was denied because motorist met unambiguous requirements of Conn. Gen. Stat. ¿ 14-295 by alleging that they deliberately and with reckless disregard operated motor vehicle in violation of Conn. Gen. Stat. ¿ 14-222 and such violation was substantial factor in causing his injuries and losses.
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| Lambert v. Abe Con, LLC, CV085007590S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY AT WATERBURY, July 30, 2008, Filed
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Overview: Contractor could not enforce mechanic's lien against buyer of property for services allegedly performed for property's prior owner; buyer and contractor did not have home improvement contract allowing for lien enforcement and lien was not filed within 90 days of date contractor last performed substantial work, as Conn. Gen. Stat. ¿ 49-34 required.
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| Menillo v. Brian Calandro Assocs., LLC, CV085014822,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD AT BRIDGEPORT, July 30, 2008, Decided, July 30, 2008, Filed
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Overview: Although a contractor failed to comply with the Home Improvement Act, Conn. Gen. Stat. ¿ 20-429(a)(6) and Conn. Gen. Stat. ¿ 42-135a, the property owners were not entitled to a discharge of the contractor's mechanics' lien pursuant to Conn. Gen. Stat. ¿ 49-35a because they acted in bad faith in unjustifiably failing to make all payments owed.
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