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Contract Law

Insurance Law Appellate Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3915

AC42082 - RCN Capital, LLC v. Chicago Title Ins. Co. ("In this breach of contract action, the plaintiff, RCN Capital, LLC, appeals from the judgment of the trial court awarding it $108,000 in damages. On appeal, the plaintiff claims that the court improperly determined the amount of damages. We affirm the judgment of the trial court.")


Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3914

AC41931 - Professional Electrical Contractors of Connecticut, Inc. v. Stamford Hospital ("The plaintiff, Professional Electrical Contractors of Connecticut, Inc., appeals from the summary judgment rendered by the trial court in favor of the defendants Fidelity and Deposit Company of Maryland (Fidelity) and Skanska USA Building, Inc. (Skanska). On appeal, the plaintiff claims that the court erred in rendering summary judgment on counts two and three of its complaint because there were genuine issues of material facts and neither defendant was entitled to judgment as a matter of law. Specifically, the plaintiff claims that (1) Skanska failed to prove that there existed no issues of material fact on the plaintiff's equitable claim of quantum meruit or unjust enrichment, and (2) neither defendant established that it was entitled to judgment as a matter of law on the plaintiff's bond claim because the claim is viable pursuant to General Statutes ยงยง 49-33 and 49-36. We agree with the plaintiff on both claims. Accordingly, we reverse in part and affirm in part the judgment of the trial court.")


Property Law Appellate Court Opinions

   by Zigadto, Janet

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3877

AC41966 - Peterson v. Torrington (Declaratory judgment; summary judgment; tax sale; "This appeal arises out of a system to collect and pay property taxes unique to the defendant city of Torrington (city). See 21 Spec. Acts 7, No. 4 (1931). Pursuant to the system, the defendant tax collector, Robert Crovo (tax collector), conducted a tax sale in which he sold the real property of the plaintiff, Alyssa Peterson, to collect unpaid property taxes. In response, Peterson commenced an action against the city, the tax collector, and the purchasers of the property at the sale, the defendants William Gilson and Sharon Gilson (purchasers). Subsequently, Homeowners Finance Company (lender), the first mortgage holder on the plaintiff's property, intervened as a defendant, in an attempt to void the sale of the property. All six parties filed motions for summary judgment. Ultimately, the trial court, after concluding that there was no genuine issue as to any material fact, granted summary judgment in favor of the defendants and denied summary judgment as to Peterson and the lender. Peterson and the lender filed separate appeals. We dismiss the lender's appeal." "[1]Peterson's appeal was dismissed after she failed to timely file a brief and appendix. She, therefore, is not a party to this appeal.")

AC42256 - Dickau v. Mingrone (Property; breach of contract; "The plaintiff, Jason Dickau, appeals from the trial court's judgment in favor of the defendant, Lawrence Mingrone, on the plaintiff's complaint, which alleged breach of contract, negligent misrepresentation, intentional misrepresentation, and innocent misrepresentation, relating to the defendant's sale of real property to the plaintiff. On appeal, the plaintiff claims that the court's findings that (1) the Office of Building Inspection and Enforcement for the City of New Haven (building department) had not made a determination that the number of legal units in the property was less than three, and (2) the plaintiff had failed to establish the existence of damages as to each of his claims were clearly erroneous. We disagree with the plaintiff and, accordingly, affirm the judgment of the trial court.")

AC42000 - Jepsen v. Camassar (Declaratory judgment; "The plaintiffs Anders B. Jepsen and Beth Jepsen appeal from the denial of their postjudgment motions for equitable relief, for attorney's fees and costs, and to open the judgment rendered by the trial court following a remand by this court. See Jepsen v. Camassar, 181 Conn. App. 492, 187 A.3d 486 (Jepsen I), cert. denied, 329 Conn. 909, 186 A.3d 12 (2018). On appeal, the plaintiffs claim that (1) the trial court failed to provide them with relief that was encompassed within the mandate of Jepsen I when it denied their claims to equitable relief and attorney's fees and costs, (2) even assuming that the mandate did not encompass the relief sought by the plaintiffs, the trial court improperly declined to open the judgment to provide the plaintiffs with their desired relief, and (3) the trial court violated the plaintiffs' constitutional rights by failing to provide them with their desired relief on remand. We agree in part with the plaintiffs' claim to attorney's fees and costs, reverse the judgment of the trial court limited to that issue and remand the case for further proceedings consistent with this opinion.")

AC41688 - Carabetta Organization, Ltd. v. Meriden ("In this case arising from a dispute that originated more than twenty years ago, the plaintiffs, The Carabetta Organization, Ltd., Summitwood Development, LLC (Summitwood), and Nipmuc Properties, LLC (Nipmuc), appeal from the summary judgment rendered by the trial court in favor of the defendants, the city of Meriden, Dominick Caruso, Tilcon, Inc., and Tilcon Connecticut, Inc. (Tilcon). The plaintiffs claim that the court erred in concluding that their claims were barred by the doctrine of res judicata. We affirm the judgment of the trial court.")


Contract Law Appellate Court Opinion

   by Booth, George

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3856

AC41054 - Semac Electric Co. v.Skanska USA Building, Inc. (Breach of contract; fraud; "In this action arising from the expansion and renovation of Stamford Hospital (hospital), both parties, the plaintiff, Semac Electric Company, Inc. (Semac), and the defendant, Skanska USA Building, Inc. (Skanska), appeal from the judgment of the trial court, challenging the court's determinations that they both breached the contract between them, and awarding Skanska damages in the amount of $3,857,130.77, as reimbursement for funds that Skanska had overpaid to Semac for work that Semac had not performed. Skanska also claims that the trial court erred in finding that the individual third-party defendants, Kevin Pope and Thomas Scanlon, the chief financial officer of Semac and the president of Semac, respectively, did not engage in fraudulent conduct when they signed, under oath, invoices misrepresenting that Semac had paid other subcontractors for certain goods and services. We affirm the judgment of the trial court.")


Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3841

AC41988 - Piccolo v. American Auto Sales, LLC ("The self-represented plaintiff, Andrew J. Piccolo, Jr., appeals from the judgment of the trial court, rendered after a trial to a jury, in favor of the defendants, American Auto Sales, LLC (business), and Robert J. Vitale, Sr. (Vitale).On appeal, the plaintiff claims that the court erred as a matter of law by striking counts four and eight of his revised complaint, which sounded in unjust enrichment, because it mistakenly concluded that the plaintiff had incorporated the allegations of the existence and breach of an express contract and unjust enrichment in those counts. We agree with the plaintiff and, therefore, reverse the judgment of the trial court.")