JOSEPH Z. ABBADESSA vs. EDWARD WHITE SULLIVAN ET ALS.

File No. 63269Superior Court New Haven County

An award of arbitration cannot be repudiated by the mere act of one of the parties. The award has the effect of a judgment. An action on a lien was not a repudiation of an arbitration where the arbitration simply fixed the amount that was due and by process of foreclosure of the lien an attempt was being made to collect the arbitrated amount.

MEMORANDUM FILED FEBRUARY 10, 1943.

DiCenzo Villano, of New Haven, for the Plaintiff.

Franklin Coeller, of New Haven, for the Defendants.

Memorandum of decision on demurrer.

QUINLAN, J.

These parties entered into an arbitration. An award of arbitration cannot be repudiated by the mere act of one of the parties. It has the effect of a judgment Lehrman vs. Prague, 115 Conn. 484. This action on the lien is not a repudiation. The arbitration simply fixed the amount that was due. By process of foreclosure of the lien an attempt is being made to collect the arbitrated amount.

The demurrer to the special defense and counterclaim is sustained.

Page 410