STATE OF CONNECTICUT v. GANG JIN AC 39893 COURT OF APPEALS OF THE STATE OF CONNECTICUT Argued November 13, 2017 January 9,?2018 DiPentima, C. J., and Elgo and Flynn, Js. Syllabus The defendant, who had been convicted, pursuant to a guilty plea, of the crime of conspiracy to commit burglary in the third degree, appealed […]
Category: Connecticut Appellate & Supreme Courts Opinions
TIRADO v. CITY OF TORRINGTON, No. AC 39273 (Conn. App. 1/9/2018)
BRENDA I. TIRADO v. CITY OF TORRINGTON AC 39273 COURT OF APPEALS OF THE STATE OF CONNECTICUT Argued October 24, 2017 January 9,?2018 Keller, Elgo and Bear, Js. Syllabus The plaintiff sought damages for the allegedly improper addition of her motor vehicle to the 2004 grand list of the defendant city, Torrington, resulting in a […]
SMITH v. COMMISSIONER OF CORRECTION, No. AC 38769 (Conn. App. 1/9/2018)
?TREMAINE SMITH v. COMMISSIONER OF CORRECTION AC 38769 COURT OF APPEALS OF THE STATE OF CONNECTICUT Argued October 18, 2017 January 9,?2018 Keller, Elgo and Beach, Js. Syllabus The petitioner sought a writ of habeas corpus, claiming that his trial counsel had provided ineffective assistance in advising him on pretrial confinement credit during a plea […]
STATE v. BUSH, No. AC 34886 (Conn. App. 1/9/2018)
STATE OF CONNECTICUT v. RICHARD BUSH AC 34886 COURT OF APPEALS OF THE STATE OF CONNECTICUT Argued September 18, 2017 January 9,?2018 DiPentima, C. J., and Sheldon and Mullins, Js. Syllabus Convicted of the crimes of sale of narcotics, sale of narcotics within 1500 feet of a school, conspiracy to sell narcotics and racketeering, the […]
ESTELA v. BRISTOL HOSPITAL, INC. No. AC 38813 (Conn. App. 1/9/2018)
JOSE ESTELA v. BRISTOL HOSPITAL, INC. AC 38813 COURT OF APPEALS OF THE STATE OF CONNECTICUT Argued September 18, 2017 January 9,?2018 Lavine, Keller and Harper, Js. Syllabus The plaintiff physician brought an action against the defendant hospital, claiming that the defendant improperly had restricted his hospital privileges and engaged in anticompetitive behavior by stealing […]
RECYCLING, INC. v. COMMISSIONER OF ENERGY AND ENVIRONMENTAL PROTECTION, No. AC38868 (Conn. App. 1/9/2018)
RECYCLING, INC. v. COMMISSIONER OF ENERGY AND ENVIRONMENTAL PROTECTION AC 38868 COURT OF APPEALS OF THE STATE OF CONNECTICUT Argued October 10, 2017 January 9,?2018 Alvord, Keller and Pellegrino, Js. Syllabus The plaintiff appealed to this court from the judgment of the trial court dismissing its administrative appeal from the decision by the defendant Commissioner […]
STATE v. GRANT, No. AC 39921 (Conn. App. 1/2/2018)
STATE OF CONNECTICUT v. DAVID GRANT AC 39921 COURT OF APPEALS OF THE STATE OF CONNECTICUT Argued October 17, 2017 January 2,?2018 DiPentima, C. J., and Lavine and Elgo, Js. Syllabus Convicted, after a jury trial, of the crimes of manslaughter in the first degree with a firearm and assault in the first degree in […]
DEANE v. KAHN, No. AC 39006 (Conn. App. 1/2/2018)
CURTIS D. DEANE v. AMY DAY KAHN ET AL. AC 39006 AC 39011 COURT OF APPEALS OF THE STATE OF CONNECTICUT Argued September 19,?2018 January 2,?2018 Alvord, Prescott and Kahn Syllabus The plaintiff brought this action seeking, inter alia, a judgment determining the rights of the parties as to a claimed right-of-way along a riverfront […]
CORSAIR SPECIAL SITUATIONS FUND, L.P. v. ENGINEERED FRAMING SYSTEMS, INC., No. SC 19953 (Conn. 1/2/2018)
CORSAIR SPECIAL SITUATIONS FUND, L.P. v. ENGINEERED FRAMING SYSTEMS, INC., ET AL. SC 19953 Supreme Court of Connecticut Argued October 20, 2017 January 2,?2018 Rogers, C. J., and Palmer, McDonald, Robinson and D’Auria, Js. Syllabus Pursuant to statute (? 52-261 [a] [F]), a state marshal is entitled to a fee of 15 percent of the […]
FRANCINI v. GOODSPEED AIRPORT, LLC, No. SC 19705 (Conn. 1/2/2018)
WILLIAM FRANCINI v. GOODSPEED AIRPORT, LLC, ET AL. SC 19705 Supreme Court of Connecticut Argued September 18, 2017 January 2,?2018 Rogers, C. J., and Palmer, Eveleigh, McDonald, Robinson, D’Auria and Espinosa, Js. Syllabus The plaintiff landowner, who enjoyed a deeded right-of-way over certain real property owned by the defendant, sought, inter alia, a judgment declaring […]
STATE v. MIRANDA, No. SC19597 (Conn. 1/2/2018)
STATE OF CONNECTICUT v. PEDRO L. MIRANDA SC 19597 Supreme Court of Connecticut Argued September 13, 2017 January 2,?2018 Rogers, C. J., and Palmer, Eveleigh, McDonald, Robinson, D’Auria and Vertefeuille, Js. Syllabus Convicted of the crime of murder in connection with the death of the victim, the defendant appealed to this court. At trial, the […]
CCT COMMUNICATIONS, INC. v. ZONE TELECOM, INC., 327 Conn. 114 (2017)
?CCT COMMUNICATIONS, INC., v. ZONE TELECOM, INC. Supreme Court of Connecticut. (SC 19574). Argued November 7, 2016.Officially Released November 21, 2017. Counsel Joseph K. Scully?,?with whom was?Jeffrey P. Mueller?, for the appellant (plaintiff). William M. Murphy?,?for the appellee (defendant). Rogers, C. J., and Palmer, Eveleigh, McDonald, Espinosa, Robinson, and D’Auria, Js. Opinion EVELEIGH,?J. The plaintiff, […]
STATE v. STONICK, 177 Conn. App. 181 (2017)
STATE OF CONNECTICUT, v. KATHERINE LEE STONICK. Appellate Court of Connecticut. (AC 39853). Argued September 14, 2017. Officially released October 12, 2017 Counsel A. Ryan McGuigan,?with whom, on the brief, was?Pamela LeBlanc,?for the appellant (defendant). Ronald G. Weller,?senior assistant state’s attorney, with whom, on the brief, were?Richard J. Colangelo, Jr.,?state’s attorney, and?Suzanne M. Vieux,?supervisory assistant […]
JAMES v. COMMISSIONER OF CORRECTION, 327 Conn. 24 (2017)
LATONE JAMES v. COMMISSIONER OF CORRECTION No. SC 19787 Rogers, C. J., and Palmer, Eveleigh, McDonald, Espinosa, Robinson and Vertefeuille, Js.* Syllabus Pursuant to statute (? 18-98d [a] [1]), an offender may receive credit for presentence confinement, except that ??(A) each day of presentence confinement shall be counted only once for the purpose of reducing […]
MCFARLINE v. MICKENS, 177 Conn. App. 83 (2013)
ELLEN MCFARLINE v. PATRICK W. MICKENS, JR., ADMINISTRATOR (ESTATE OF JANET MICKENS) Appellate Court of Connecticut (AC 39339) Lavine, Keller and Bishop, Js. Syllabus The plaintiff sought to recover damages from the defendant administrator of the estate of M for injuries she sustained when she tripped and fell on a public sidewalk that was […]
SEAPORT CAPITAL PARTNERS, LLC v. SPEER, 177 Conn. App. 1 (2017)
SEAPORT CAPITAL PARTNERS, LLC v. SHERI SPEER SEAPORT CAPITAL PARTNERS, LLC v. SHERI SPEAR SEAPORT CAPITAL PARTNERS, LLC v. SHERI SPEER ET AL. SEAPORT CAPITAL PARTNERS, LLC v. 76?78 TRUMAN STREET, LLC, ET AL. Appellate Court of Connecticut (AC 39315) DiPentima, C. J., and Lavine and Flynn, Js. Syllabus The plaintiff in error, B, […]
STATE v. TAYLOR, 177 Conn. App. 18 (2017)
STATE OF CONNECTICUT v. SOLOMON TAYLOR Appellate Court of Connecticut AC 39659 Alvord, Sheldon and Prescott, Js. Syllabus Convicted, after a trial to a three judge court, of the crimes of murder, robbery in the first degree, conspiracy to commit robbery in the first degree, hindering prosecution in the second degree and tampering with […]
PELLET v. KELLER WILLIAMS REALTY CORP., 177 Con. App. 42 (2017)
DANIEL PELLET ET AL. v. KELLER WILLIAMS REALTY CORPORATION ET AL. Appellate Court of Connecticut (AC 38236) Prescott, Beach and Mihalakos, Js. Syllabus The plaintiff, as guardian for his brother, S, appealed to this court from the judgment of the trial court directing a verdict for the defendants, S?s former real estate agents, the […]
BYRD v. COMMISSIONER OF CORRECTION, 177 Conn. App. 71 (2017)
HOWARD BYRD v. COMMISSIONER OF CORRECTION Appellate Court of Connecticut (AC 38491) Lavine, Mullins and West, Js. Syllabus The petitioner sought a writ of habeas corpus, claiming, inter alia, that an ex post facto law passed after he was sentenced improperly invalidated the application of risk reduction credits toward his parole eligibility date. Following […]
SANTOS v. COMMISSIONER OF CORRECTION, 176 Conn. App. 788 (2017)
176 Conn. App. 788 (2017) RICHARD SANTOS v. COMMISSIONER OF CORRECTION Appellate Court of Connecticut (AC 38803) Lavine, Sheldon and Harper, Js. Syllabus The petitioner, who had been convicted of various crimes in connection with his alleged conduct in stabbing the victim with the assistance of an accomplice, E, sought a writ of habeas […]
MCFARLINE v. MICKENS, 177 Conn. App. 83 (2017)
177 Conn. App. 83 (2017) ELLEN MCFARLINE v. PATRICK W. MICKENS, JR., ADMINISTRATOR (ESTATE OF JANET MICKENS) Appellate Court of Connecticut (AC 39339) Lavine, Keller and Bishop, Js. Syllabus The plaintiff sought to recover damages from the defendant administrator of the estate of M for injuries she sustained when she tripped and fell on a […]
PUFF v. PUFF, 177 Conn. App. 103 (2017)
177 Conn. App. 103 (2017) CLAUDIA PUFF v. GREGORY PUFF Appellate Court of Connecticut (AC 37640) DiPentima, C. J., and Beach and Bishop, Js. Syllabus The plaintiff, whose marriage to the defendant previously had been dissolved, appealed to this court from certain postjudgment orders of the trial court modifying alimony and finding her in contempt. […]
STATE v. REDMOND, 177 Conn. App. 129 (2017)
177 Conn. App. 129 (2017) STATE OF CONNECTICUT v. PATRICK S. REDMOND Appellate Court of Connecticut (AC 39725) Keller, Prescott and Harper, Js. Syllabus The plaintiff in error, C, who is the father of S, the defendant in the underlying criminal proceeding, brought a writ of error following the trial court?s denial of C?s motion […]
JPMORGAN CHASE BANK, NATIONAL ASSN. v. ESSAGHOF, 177 Conn. App. 144 (2017)
177 Conn. App. 144 (2017) JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. ROGER ESSAGHOF ET AL. Appellate Court of Connecticut (AC 38736) Lavine, Mullins and Mihalakos, Js. Syllabus The plaintiff bank sought to foreclose a mortgage on certain of the defendants? real property after they had defaulted on a loan that had been modified by agreement. […]
EDER’S APPEAL FROM PROBATE, 177 Conn. App. 163 (2017)
177 Conn. App. 163 (2017) DAVID ERIC EDER?S APPEAL FROM PROBATE* Appelatte Court of Connecticut (AC 39024) Lavine, Alvord and Beach, Js. Syllabus D, the biological son of the settlor, J, appealed to the trial court from the order and decree of the Probate Court concluding that the remainder beneficiaries of J?s irrevocable trust included […]
STATE v. PELELLA, 327 Conn. 1 (2017)
327 Conn. 1 (2017) STATE OF CONNECTICUT v. MICHAEL PELELLA Connecticut Supreme Court SC 19760 Palmer, Eveleigh, McDonald, Espinosa and Robinson, Js.* Syllabus The state, on the granting of permission, appealed from the judgment of the trial court, which granted the defendant?s motion to dismiss an information charging him with two counts of the crime […]
GEIGER v. CAREY, 170 Conn.App. 459 (Conn.App. 2017)
170 Conn.App. 459 (Conn.App. 2017)154 A.3d 1093GORDON GEIGER ET AL.v.FRANCIS CAREYAC 38080Appellate Court of ConnecticutJanuary 31, 2017?????????Argued December 7, 2016 [154 A.3d 1094] [Copyrighted Material Omitted] [154 A.3d 1095] [Copyrighted Material Omitted] [154 A.3d 1096] [Copyrighted Material Omitted] [154 A.3d 1097] [Copyrighted Material Omitted] [154 A.3d 1098] [Copyrighted Material Omitted] [154 A.3d 1099] ????????? Action […]
HARBORSIDE CONNECTICUT LIMITED PARTNERSHIP v. WITTE, 170 Conn.App. 26 (Conn.App. 2016)
170 Conn.App. 26 (Conn.App. 2016)154 A.3d 1082HARBORSIDE CONNECTICUT LIMITED PARTNERSHIPv.ARLENE WITTEAC 38212Appellate Court of ConnecticutDecember 27, 2016?????????Argued October 25, 2016 [154 A.3d 1083] ????????? Action to recover damages for, inter alia, conversion, and for other relief, brought to the Superior Court in the judicial district of New Haven, where the court, B. Fischer, J., granted […]
EMERICK v. EMERICK, 170 Conn.App. 368 (Conn.App. 2017)
170 Conn.App. 368 (Conn.App. 2017)154 A.3d 1069DENISE EMERICKv.ROGER EMERICKAC 38258Appellate Court of ConnecticutJanuary 31, 2017?????????Argued October 20, 2016 [154 A.3d 1070] [Copyrighted Material Omitted] [154 A.3d 1071] ????????? Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial district Hartford, and tried to the court, Ficeto, […]
WHITE v. COMMISSIONER OF CORRECTION, 170 Conn.App. 415 (Conn.App. 2017)
170 Conn.App. 415 (Conn.App. 2017)154 A.3d 1054PHILLIP WHITE IIIv.COMMISSIONER OF CORRECTIONAC 38453Appellate Court of ConnecticutJanuary 31, 2017?????????Argued October 18, 2016 [154 A.3d 1055] [Copyrighted Material Omitted] [154 A.3d 1056] ????????? Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Tolland, where the court, Oliver, J., granted […]
MARTINEZ v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT, 170 Conn.App. 333 (Conn.App. 2017)
170 Conn.App. 333 (Conn.App. 2017)154 A.3d 1048ORLANDO MARTINEZv.ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT, ET ALAC 37958Appellate Court of ConnecticutJanuary 24, 2017?????????Argued October 18, 2016. [154 A.3d 1049] ????????? Appeal from the decision of the Employment Security Board of Review affirming the decision by an appeals referee that the plaintiff was ineligible for unemployment benefits, brought to the […]
PEDRINI v. KILTONIC, 170 Conn.App. 343 (Conn.App. 2017)
170 Conn.App. 343 (Conn.App. 2017)154 A.3d 1037LACEY PEDRINIv.ELEANOR KILTONICAC 37929Appellate Court of ConnecticutJanuary 24, 2017?????????Argued October 17, 2016 [154 A.3d 1038] [Copyrighted Material Omitted] [154 A.3d 1039] ????????? Action for the return of a security deposit, and for other relief, brought to the Superior Court in the judicial district of New Britain and transferred to […]
VENTURA v. TOWN OF EAST HAVEN, 170 Conn.App. 388 (Conn.App. 2017)
170 Conn.App. 388 (Conn.App. 2017)154 A.3d 1020THOMAS VENTURAv.TOWN OF EAST HAVEN ET ALAC 37833Appellate Court of ConnecticutJanuary 31, 2017?????????Argued September 21, 2016 [154 A.3d 1021] [Copyrighted Material Omitted] [154 A.3d 1022] ????????? Action to recover damages for the alleged negligence of the named defendant et al., and for other relief, brought to the Superior Court […]
STATE v. MARRERO-ALEJANDRO, 324 Conn. 780 (Conn. 2017)
324 Conn. 780 (Conn. 2017) 154 A.3d 1005STATE OF CONNECTICUTv.GILBERTO O. MARRERO-ALEJANDROSC 19559Supreme Court of ConnecticutMarch 14, 2017?????????Argued December 13, 2016 Substitute information charging the defendant with the crime of murder, brought to the Superior Court in the judicial district of New Britain, where the court, D’Addabbo, J., denied the defendant’s motion to suppress certain […]
WALL SYSTEMS, INC. v. POMPA, 324 Conn. 718 (Conn. 2017)
324 Conn. 718 (Conn. 2017)154 A.3d 989WALL SYSTEMS, INC.v.WILLIAM POMPA ET ALSC 19734Supreme Court of ConnecticutMarch 7, 2017?????????Argued December 13, 2016 [154 A.3d 990] [Copyrighted Material Omitted] [154 A.3d 991] [Copyrighted Material Omitted] [154 A.3d 992] ????????? Action to recover damages for, inter alia, breach of an employee’s duty of loyalty, and for the imposition […]
HORNER v. BAGNELL, 324 Conn. 695 (Conn. 2017)
324 Conn. 695 (Conn. 2017)154 A.3d 975STEPHEN P. HORNERv.JEFFREY S. BAGNELLSC 19700Supreme Court of ConnecticutMarch 7, 2017?????????Argued November 17, 2016 Action to recover damages for, inter alia, breach of contract, and for other relief, brought to the Superior Court in the judicial district of Stamford-Norwalk, where the defendant filed a counterclaim; thereafter, the case was […]
BROWN v. NJOKU, 170 Conn.App. 329 (Conn.App. 2017)
170 Conn.App. 329 (Conn.App. 2017)154 A.3d 587SUZETTE BROWNv.EDWIN NJOKU ET ALAC 38022Appellate Court of ConnecticutJanuary 17, 2017?????????Argued December 7, 2016 Action to recover damages for, inter alia, battery, and for other relief, brought to the Superior Court in the judicial district of Hartford, where the defendant Christus Medical Group, P.C., was defaulted for failure to […]
LAW OFFICES OF FRANK N. PELUSO, P.C., ET AL. v. RENDAHL, 170 Conn.App. 364 (Conn.App. 2017)
170 Conn.App. 364 (Conn.App. 2017)154 A.3d 584LAW OFFICES OF FRANK N. PELUSO, P.C., ET AL.v.JOY M. RENDAHLAC 38036Appellate Court of ConnecticutJanuary 24, 2017?????????Argued November 30, 2016 Action to recover damages for, inter alia, defamation, and for other relief, brought to the Superior Court in the judicial district of Stamford-Norwalk, where the court, Genuario, J., granted […]
OLIPHANT v. HEATH, 170 Conn.App. 360 (Conn.App. 2017)
170 Conn.App. 360 (Conn.App. 2017)154 A.3d 582VORCELIA OLIPHANTv.GAIL HEATH ET ALAC 38221Appellate Court of ConnecticutJanuary 24, 2017?????????Argued November 29, 2016 Action to recover damages for the named defendant’s alleged negligence, and for other relief, brought to the Superior Court in the judicial district of New Britain, where the court, Young, J., rendered judgment of nonsuit; […]
STATE v. MARK, 170 Conn.App. 254 (Conn.App. 2017)
170 Conn.App. 254 (Conn.App. 2017) 154 A.3d 572STATE OF CONNECTICUTv.MICHAEL MARKAC 38566Appellate Court of ConnecticutJanuary 17, 2017?????????Argued October 27, 2016 Substitute information charging the defendant with two counts of the crime of robbery in the first degree, and with the crimes of murder, felony murder, conspiracy to commit robbery in the first degree and tampering […]
STATE v. MARK, 170 Conn.App. 241 (Conn.App. 2017)
170 Conn.App. 241 (Conn.App. 2017)154 A.3d 564STATE OF CONNECTICUTv.MICHAEL MARKAC 38567Appellate Court of ConnecticutJanuary 17, 2017?????????Argued October 27, 2016 Substitute information charging the defendant with two counts of the crime of robbery in the first degree, and with the crimes of murder, felony murder, conspiracy to commit robbery in the first degree and tampering with […]
STATE v. BRITO, 170 Conn.App. 269 (Conn.App. 2017)
170 Conn.App. 269 (Conn.App. 2017)154 A.3d 535STATE OF CONNECTICUTv.EDWIN BRITOAC 36541, AC 36543Appellate Court of ConnecticutJanuary 17, 2017?????????Argued October 13, 2016 Two substitute informations charging the defendant, in the first case, with the crimes of possession of a narcotic substance with intent to sell, transporting a narcotic substance with intent to sell, possession of a […]
STATE v. MITCHELL, 170 Conn.App. 317 (Conn.App. 2017)
170 Conn.App. 317 (Conn.App. 2017)154 A.3d 528STATE OF CONNECTICUTv.YUWELL A. MITCHELLAC 37394Appellate Court of ConnecticutJanuary 17, 2017?????????Argued September 8, 2016 Information charging the defendant with the crimes of sale of a narcotic substance and sale of a narcotic substance within 1500 feet of a public school, brought to the Superior Court in the judicial district […]
ARS INVESTORS II 2012-1 HVB, LLC v. CRYSTAL, LLC, 324 Conn. 680 (Conn. 2017)
324 Conn. 680 (Conn. 2017)154 A.3d 518ARS INVESTORS II 2012-1 HVB, LLCv.CRYSTAL, LLC, ET ALSC 19661Supreme Court of ConnecticutFebruary 28, 2017?????????Argued November 15, 2016 Action to, inter alia, foreclose a mortgage on certain of the named defendant’s real property, and for other relief, brought to the Superior Court in the judicial district of Stamford-Norwalk, where […]
U.S. BANK, NATIONAL ASSOCIATION v. WALBERT, 170 Conn.App. 907 (Conn.App. 2017)
170 Conn.App. 907 (Conn.App. 2017)154 A.3d 91U.S. BANK, NATIONAL ASSOCIATION, TRUSTEEv.ANDREW WALBERT ET ALAC 38304Appellate Court of ConnecticutFebruary 7, 2017?????????Argued January 18, 2017 Named defendant’s appeal from the Superior Court in the judicial district of Danbury, Shaban, J. ?????????DiPentima, C. J., and Prescott and Gold, Js. ????????? OPINION ?????????Per Curiam. ?????????The judgment is affirmed and […]
STERGUE v. LONGO, 170 Conn.App. 906 (Conn.App. 2017)
170 Conn.App. 906 (Conn.App. 2017)154 A.3d 90COSTA STERGUEv.JAMES LONGO ET ALAC 38430Appellate Court of ConnecticutFebruary 7, 2017?????????Argued January 12, 2017 Appeal by the named defendant et al. from the Superior Court in the judicial district of Fairfield, Hon. Alfred J. Jennings, Jr., judge trial referee; Bellis, J. ?????????Lavine, Alvord and Pellegrino, Js. ????????? OPINION ?????????Per […]
PEREZ v. COMMISSIONER OF CORRECTION, 170 Conn.App. 906 (Conn.App. 2017)
170 Conn.App. 906 (Conn.App. 2017)154 A.3d 90OMETRIUS PEREZv.COMMISSIONER OF CORRECTIONAC 33863Appellate Court of ConnecticutFebruary 7, 2017?????????Argued January 18, 2017 Petitioner’s appeal from the Superior Court in the judicial district of Tolland, T. Santos, J. ?????????DiPentima, C. J., and Prescott and Gold, Js. ????????? OPINION ?????????Per Curiam. ?????????The appeal is dismissed.
U.S. BANK NATIONAL ASSOCIATION v. BOYD, 170 Conn.App. 906 (Conn.App. 2017)
170 Conn.App. 906 (Conn.App. 2017)154 A.3d 90U.S. BANK NATIONAL ASSOCIATION AS TRUSTEEv.JEFFREY BOYD ET ALAC 38593Appellate Court of ConnecticutJanuary 31, 2017?????????Submitted on Briefs January 6, 2017 Named defendant’s appeal from the Superior Court in the judicial district of New London, Cosgrove, J. ?????????Lavine, Sheldon and Prescott, Js. ????????? OPINION ?????????Per Curiam. ?????????The judgment is affirmed […]
DEUTSCHE BANK NATIONAL TRUST COMPANY v. CORNELIUS, 170 Conn.App. 104 (Conn.App. 2017)
170 Conn.App. 104 (Conn.App. 2017)154 A.3d 79DEUTSCHE BANK NATIONAL TRUST COMPANY, TRUSTEEv.FREDERICK B. CORNELIUS ET ALAC 37548Appellate Court of ConnecticutJanuary 10, 2017?????????Argued October 26, 2016 [154 A.3d 80] [Copyrighted Material Omitted] [154 A.3d 81] ????????? Action to foreclose a mortgage on certain real property, and for other relief, brought to the Superior Court in the […]
MARQUEZ v. COMMISSIONER OF CORRECTION, 170 Conn.App. 231 (Conn.App. 2017)
170 Conn.App. 231 (Conn.App. 2017)154 A.3d 73JULIAN MARQUEZv.COMMISSIONER OF CORRECTIONAC 38016Appellate Court of ConnecticutJanuary 10, 2017?????????Argued October 24, 2016 Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Tolland and tried to the court, Fuger, J.; judgment denying the petition; thereafter, the court denied the petition […]
SZYNKOWICZ v. BONAUITO-O’HARA, 170 Conn.App. 213 (Conn.App. 2017)
170 Conn.App. 213 (Conn.App. 2017)154 A.3d 61PETER SZYNKOWICZv.LINDA BONAUITO-O’HARAAC 38198Appellate Court of ConnecticutJanuary 10, 2017?????????Submitted on Briefs October 19, 2016. [154 A.3d 62] [Copyrighted Material Omitted] [154 A.3d 63] ?????????Action to recover damages for, inter alia, breach of contract, and for other relief, brought to the Superior Court in the judicial district of Waterbury, where […]
RIVERA v. CR SUMMER HILL, LIMITED PARTNERSHIP, 170 Conn.App. 70 (Conn.App. 2017)
170 Conn.App. 70 (Conn.App. 2017)154 A.3d 55ROSE RIVERAv.CR SUMMER HILL, LIMITED PARTNERSHIP ET ALAC 37906Appellate Court of ConnecticutJanuary 3, 2017?????????Argued October 13, 2016 Action to recover damages for the defendants’ alleged negligence, brought to the Superior Court in the judicial district of Middlesex, where the court, Aurigemma, J., granted the defendants’ motion for summary judgment […]
STATE v. JUAN C., 170 Conn.App. 185 (Conn.App. 2017)
170 Conn.App. 185 (Conn.App. 2017)154 A.3d 39STATE OF CONNECTICUTv.JUAN C. [*]AC 37552Appellate Court of ConnecticutJanuary 10, 2017?????????Argued September 21, 2016 [154 A.3d 40] ????????? Amended information charging the defendant with the crime of sexual assault in the first degree and with two counts of the crime of risk of injury to a child, brought to […]
STATE v. J.M.F., 170 Conn.App. 120 (Conn.App. 2017)
170 Conn.App. 120 (Conn.App. 2017)154 A.3d 1STATE OF CONNECTICUTv.J.M.F. [*]AC 37200Appellate Court of ConnecticutJanuary 10, 2017?????????Argued September 20, 2016 [154 A.3d 2] [Copyrighted Material Omitted] [154 A.3d 3] [Copyrighted Material Omitted] [154 A.3d 4] [Copyrighted Material Omitted] [154 A.3d 5] ?????????Substitute amended information charging the defendant with the crimes of attempt to commit murder, assault […]
PARZIALE v. PARZIALE, 77 Conn. App. 901 (2003)
826 A.2d 269 VALERY JO PARZIALE v. THOMAS PARZIALE (AC 23418)Appellate Court of Connecticut Lavery, C. J., and Foti and Flynn, Js. Submitted on briefs May 2 Officially released June 10, 2003 Plaintiff’s appeal from the Superior Court in the judicial district of Fairfield, Hiller, J. Per Curiam. The judgment is affirmed.
STATE v. HICKEY, 23 Conn. App. 712 (1991)
584 A.2d 473 STATE OF CONNECTICUT v. JAMES F. HICKEY (8729)Appellate Court of Connecticut DALY, O’CONNELL and FOTI, Js. Convicted of the crimes of risk of injury to a child and sexual assault in the second degree in connection with an incident involving a fourteen year old girl, the defendant appealed to this court. Held: […]
STATE v. SAFFORD, 216 Conn. 823 (1990)
581 A.2d 1057 STATE OF CONNECTICUT v. JOHN SAFFORD Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 22 Conn. App. 531, is denied. Elizabeth M. Inkster, assistant public defender, in support of the petition. Paul J. Ferencek, deputy assistant state’s attorney, in opposition. Decided October 11, 1990
STATE v. CASANOVA, 251 Conn. 919 (1999)
742 A.2d 359 STATE OF CONNECTICUT v. JOHN CASANOVA, JR. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 54 Conn. App. 714 (AC 17372), is granted, limited to the following issues: “1. Did the Appellate Court properly conclude that the behavior of police officers was irrelevant to a […]
HOUSING AUTHORITY v. OLESEN, 31 Conn. App. 359 (1993)
624 A.2d 920 HOUSING AUTHORITY OF THE TOWN OF EAST HARTFORD v. EUGENE OLESEN ET AL. (11046)Appellate Court of Connecticut O’CONNELL, LANDAU and SCHALLER, Js. By statute [47a-7[a], 47a-8, 47a-4a), landlords are required to do whatever is necessary to keep dwelling units free of lead-based paint, the presence of such paint renders units unfit for […]
MORGAN v. ADAMS, 127 Conn. 294 (1940)
16 A.2d 576 ALBERT MORGAN v. JOHN ADAMS ET AL. Supreme Court of Connecticut MALTBIE, C. J., AVERY, BROWN, JENNINGS and ELLS, Js. Where there is disability followed by specific indemnity and a subsequent disability, traceable to the original injury, compensation will be granted for the subsequent disability if it is not due to a […]
BARLOW BROS. CO. v. PARSONS, 73 Conn. 696 (1901)
49 A. 206 THE BARLOW BROTHERS COMPANY vs. ELIZA J. PARSONS. Supreme Court of Connecticut Third Judicial District, Bridgeport, April Term, 1901. ANDREWS, C. J., TORRANCE, BALDWIN, HAMERSLEY and HALL, Js. A woman married prior to 1877, who has not agreed to accept the provisions of the law of that date, has no power to […]
O’DEA v. CHICAGO BRIDGE IRON WORKS, 119 Conn. 37 (1934)
174 A. 298 MARY O’DEA vs. THE CHICAGO BRIDGE IRON WORKS. Supreme Court of Connecticut MALTBIE, C. J., HAINES, HINMAN, BANKS and AVERY, Js. Though the father is under a legal obligation to furnish the maintenance of the mother, that fact of itself would not be inconsistent with the mother’s reliance upon the receipt of […]
STATE v. ECCLESTON, 40 Conn. App. 931 (1996)
671 A.2d 862 STATE OF CONNECTICUT v. DAVID M. ECCLESTON (14895)Appellate Court of Connecticut O’Connell, Foti and Schaller, Js. Argued February 14, 1996 Decision released March 5, 1996 Information charging the defendant with the crimes of possession of narcotics, sale of marijuana, possession of marijuana and sale of narcotics, and with refusing to have his […]
STATE v. BROWN, 60 Conn. App. 487 (2000)
760 A.2d 111 STATE OF CONNECTICUT v. MICHAEL BROWN (AC 18089)Appellate Court of Connecticut Lavery, C.J., and Schaller and Pellegrino, Js. Syllabus Convicted of the crimes of robbery in the first degree, conspiracy to commit robbery in the first degree and larceny in the second degree, and having been given an enhanced penalty as provided […]
HOME OWNERS’ LOAN CORP. v. SEARS, ROEBUCK CO., 123 Conn. 232 (1937)
193 A. 769 HOME OWNERS’ LOAN CORPORATION ET AL. vs. SEARS, ROEBUCK AND COMPANY ET AL. Supreme Court of Connecticut MALTBIE, C. J., HINMAN, BANKS, AVERY and BROWN, Js. One who advances money to discharge a prior lien on real or personal property and takes a new mortgage as security is entitled to be subrogated […]
SACCO v. LONGO, 30 Conn. App. 902 (1992)
618 A.2d 588 FRANK X. LO SACCO v. WILLIAM A. LONGO ET AL. (11268)Appellate Court of Connecticut DALY, LAVERY and LANDAU, Js. Argued December 7, 1992 Decision released January 12, 1992 Action to recover damages for alleged medical malpractice, brought to the Superior Court in the judicial district of Middlesex, where the court, Austin, J., […]
WRIGHT v. ZONING BOARD OF APPEALS, 174 Conn. 488 (1978)
391 A.2d 146 ARTHUR E. WRIGHT ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF NEW FAIRFIELD Supreme Court of Connecticut HOUSE, C.J., COTTER, LOISELLE, BOGDANSKI and SPEZIALE, Js. The plaintiffs, to add a garage to their house, applied for a variance of the town of New Fairfield’s applicable side-yard setback requirements. After […]
HURD v. HOTCHKISS, 72 Conn. 472 (1900)
45 A. 11 JOHN HURD ET AL. vs. ELIZABETH E. HOTCHKISS. Supreme Court of Connecticut Third Judicial District, Bridgeport, October Term, 1899. ANDREWS, C. J., TORRANCE, BALDWIN, HAMERSLEY AND HALL, Js. It is error for the trial court to strike from the complaint the name of one of several joint plaintiffs, upon motion of the […]
SANDOW v. ECKSTEIN, 259 Conn. 919 (2002)
791 A.2d 566 JOAN SANDOW ET AL. v. MARY ANN ECKSTEIN ET AL. Supreme Court of Connecticut The plaintiffs’ petition for certification for appeal from the Appellate Court, 67 Conn. App. 243 (AC 21153), is denied. Page 920 KATZ, J., dissenting. I would grant the plaintiffs’ petition for certification to appeal. Brenden P. Leydon, in […]
IN RE DURANT, 80 Conn. 140 (1907)
67 A. 497 IN RE HAROLD R. DURANT, A MEMBER OF THE NEW HAVEN COUNTY BAR. Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1907. BALDWIN, C. J., HAMERSLEY, HALL, PRENTICE and THAYER, Js. An attorney at law who is charged with misconduct which unfits him to continue in the practice of […]
STATE v. BOYD, 275 Conn. 921 (2005)
883 A.2d 1247 STATE OF CONNECTICUT v. RHODERICK BOYD Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 89 Conn. App. 1 (AC 25174), is denied. Mark Rademacher, assistant public defender, in support of the petition. James A. Killen, senior assistant state’s attorney, in opposition. Decided September 20, 2005
MANDEVILLE v. JACOBSON, 122 Conn. 429 (1937)
189 A. 596 LUCIEN MANDEVILLE vs. LOUIS S. JACOBSON. Supreme Court of Connecticut MALTBIE, C.J., HINMAN, BANKS, AVERY and BROWN, Js. In actions brought asking for a rescission of a contract, a party, as a condition precedent to recovery upon this ground, subject to certain recognized exceptions, must restore or offer to restore the other […]
STATE v. BONNER, 110 Conn. App. 621 (2008)
955 A.2d 625 STATE OF CONNECTICUT v. RHONDELL BONNER. (AC 28538)Appellate Court of Connecticut DiPentima, Harper and West, Js. Syllabus Convicted of the crimes of possession of narcotics and possession of narcotics within 1500 feet of a school, the defendant appealed to this court He claimed, inter alia, that the trial court violated his right […]
TOLES v. COMMISSIONER OF CORRECTION, 113 Conn. App. 717 (2009)
967 A.2d 576 CLYDE TOLES v. COMMISSIONER OF CORRECTION (AC 28985)Appellate Court of Connecticut Flynn, C. J., and Beach and West, Js. Syllabus The petitioner, who had been convicted on a plea of nolo contendere of the charges of risk of injury to a child and sexual assault in the fourth degree and who, several […]
BLODGETT v. BRIDGEPORT CITY TRUST CO., 115 Conn. 127 (1932)
161 A. 83 WILLIAM H. BLODGETT, TAX COMMISSIONER, vs. BRIDGEPORT CITY TRUST COMPANY, EXECUTOR, (ESTATE OF GREGORY S. BRYAN). Supreme Court of Connecticut MALTBIE, C. J., HAINES, HINMAN, BANKS AND AVERY, Js. The testator devised his residuary estate to Harvard University, to be retained as a perpetual memorial. A question presented by the reservation was […]
ROOT v. LATHROP, 81 Conn. 169 (1908)
70 A. 614 CHARLES G. ROOT, ADMINISTRATOR, vs. EDWIN U. LATHROP. Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1908. BALDWIN, C. J., HAMERSLEY, HALL, PRENTICE and THAYER, Js. A prospective appellant who seeks to have the finding corrected may file a motion requesting the corrections desired, annexing thereto exceptions to any […]
ROZBICKI v. HUYBRECHTS, 218 Conn. 386 (1991)
589 A.2d 363 ZBIGNIEW S. ROZBICKI v. HELEN HUYBRECHTS (14088)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, GLASS and BORDEN, Js. The plaintiff attorney, who had sought to recover fees for legal services rendered to the defendant, appealed to the Appellate Court from the trial court’s judgment on the jury verdict in favor of the […]
STATE v. DUMAS, 54 Conn. App. 780 (1999)
739 A.2d 1251 STATE OF CONNECTICUT v. CHRISTOPHER DUMAS (AC 17703)Appellate Court of Connecticut O’Connell, C.J., and Hennessy and Daly, Js. Syllabus Convicted of the crimes of carrying a dangerous weapon without a permit, attempted larceny in the second degree, attempted robbery in the first degree and of violating the terms of his probation, the […]
WATERBURY TRUST CO. v. G. L. D. REALTY CO., 124 Conn. 191 (1938)
199 A. 106 THE WATERBURY TRUST COMPANY v. THE G. L. D. REALTY COMPANY ET ALS. Supreme Court of Connecticut MALTBIE, C.J., HINMAN, AVERY, BROWN and JENNINGS, Js. When more than one interpretation is permissible, restrictions upon the use of land are not to be extended by implication, doubtful language will be construed against rather […]
MISSIONARY v. BD. OF PARDONS, 272 Conn. 647 (2005)
866 A.2d 538 MISSIONARY SOCIETY OF CONNECTICUT v. BOARD OF PARDONS AND PAROLES. No. (SC 17344).Supreme Court of Connecticut Sullivan, C. J., and Norcott, Vertefeuille, Zarella, Lavery, Foti and Dranginis, Js. Syllabus By statute (§ 4-166 and 4-183 [a]), a person, having exhausted all administrative remedies, may appeal to the Superior Court from an agency […]
STATE v. WILLIAMS, 295 Conn. 917 (2010)
STATE OF CONNECTICUT v. STEPHEN J. WILLIAMS. 990 A.2d 868Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court (AC 27416) is denied. VERTEFEUILLE, J., did not participate in the consideration of or decision on this petition. Stephen J. Williams, pro se, in support of the petition. Michele C. Lukban, […]
DALY v. DELPONTE, 223 Conn. 903 (1992)
610 A.2d 177 EDWARD DALY v. LAWRENCE F. DELPONTE, COMMISSIONER OF MOTOR VEHICLES Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 27 Conn. App. 495, is granted, limited to the following questions: “1. Did the Appellate Court correctly conclude that the defendant had the statutory authority to impose […]
SCIOLA v. SHERNOW, 216 Conn. 815 (1990)
580 A.2d 60 MARY LOU SCIOLA v. ROBERT SHERNOW Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 22 Conn. App. 351, is denied. Wesley W. Horton and Robert M. Shields, in support of the petition. William F. Gallagher, in opposition. Decided September 18, 1990
STATE v. McNALLY, 152 Conn. 598 (1965)
211 A.2d 162 STATE OF CONNECTICUT v. EDWARD McNALLY STATE OF CONNECTICUT v. EDWARD McNALLY STATE OF CONNECTICUT v. RICHARD McALISTER STATE OF CONNECTICUT v. RICHARD McALISTER (5693), (5694), (5695), (5696)Supreme Court of Connecticut KING, C.J., MURPHY, ALCORN, COMLEY and SHANNON, Js. In the absence of statute, the determination whether two sentences to the same […]
ROBELLE-PYKE v. ROBELLE-PYKE, 81 Conn. App. 817 (2004)
ROBERT ROBELLE-PYKE v. ALEXA ROBELLE-PYKE. (AC 23848).Appellate Court of Connecticut Foti, Schaller and West, Js. Syllabus The defendant appealed to this court from the judgment of the trial court dissolving her marriage to the plaintiff and making certain financial awards. She claimed, inter alia, that the trial court improperly denied her motion for a continuance […]
STATE v. MONTANEZ, 219 Conn. 16 (1991)
592 A.2d 149 STATE OF CONNECTICUT v. RICARDO MONTANEZ (13750)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, GLASS and BORDEN, Js. Convicted of the crime of murder, the defendant appealed to this court. Held: 1. There was no merit to the defendant’s claim that the evidence presented was insufficient to establish that he acted with […]
CADLEROCK PROPERTIES v. COMMISSIONER, 253 Conn. 661 (2000)
757 A.2d 1 CADLEROCK PROPERTIES JOINT VENTURE, L.P. v. COMMISSIONER OF ENVIRONMENTAL PROTECTION ET AL. (SC 16170)Supreme Court of Connecticut McDonald, C.J., and Norcott, Palmer, Sullivan and Vertefeuille, Js. Syllabus The plaintiff appealed from a decision by the defendant commissioner of environmental protection ordering the plaintiff to conduct extensive investigation regarding soil, groundwater and solid […]
DUPONT v. ZONING BOARD OF APPEALS, 80 Conn. App. 327 (2003)
LAWRENCE J. DUPONT v. ZONING BOARD OF APPEALS OF THE TOWN OF MANCHESTER. (AC 23710).Appellate Court of Connecticut. Foti, Schaller and Dranginis, Js. Syllabus The plaintiff property owner appealed to the trial court from the decision of the defendant zoning board of appeals denying his application for a variance to subdivide his conforming lot into […]
GREENHOUSE v. ZEMPSHY, 153 Conn. 501 (1966)
218 A.2d 533 RUDOLPH GREENHOUSE v. JACOB M. ZEMPSHY ET AL. Supreme Court of Connecticut KING, C.J., MURPHY, ALCORN, SHANNON and HOUSE, Js. The plaintiff and his brother-in-law, the defendant J, entered into an oral arrangement, which they termed a partnership, to conduct a public accounting business commencing on January 1, 1955, and terminable at […]
SCHUMACHER v. MILLER, 111 Conn. 568 (1930)
150 A. 524 REBECCA SCHUMACHER vs. ROBERT G. MILLER ET AL. Supreme Court of Connecticut First Judicial District, Hartford, May Term, 1930. WHEELER, C. J., MALTBIE, HAINES, HINMAN and BANKS, Js. The liability of an indorser upon any particular instalment of a note which is due and unpaid is the same as upon a separate […]
SPENCER v. MACK, 112 Conn. 17 (1930)
151 A. 309 HELEN R. SPENCER vs. CHARLES B. MACK. Supreme Court of Connecticut First Judicial District, Hartford, May Term, 1930. WHEELER, C. J., MALTBIE, HAINES, HINMAN AND BANKS, Js. Where boundaries named in a deed are ambiguous, the grantee may adopt that boundary most favorable to him. No fact involved in a litigated controversy […]
IRVING v. FIREHOUSE ASSOCIATES, LLC, 280 Conn. 903 (2006)
907 A.2d 90 JANET A. IRVING v. FIREHOUSE ASSOCIATES, LLC Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 95 Conn. App. 713 (AC 26074), is denied. Thomas E. Crosby, in support of the petition. Gerald L. Garlick, in opposition. Decided September 13, 2006
ALLEN ET AL. v. SOMERS, 73 Conn. 355 (1900)
47 A. 653 GEORGE A. ALLEN ET AL. (ALLEN, WORTH CO.) v. HENRY P. SOMERS. Supreme Court of Connecticut Second Judicial District, Norwich, October Term, 1900. ANDREWS, C. J., TORRANCE, BALDWIN, HAMERSLEY and HALL, Js. The defendant left with the plaintiffs boxes of dressed poultry to be kept by them in their “cold storage” room. […]
HARTFORD MUNICIPAL EMPLOYEES ASSN. v. HARTFORD, 128 Conn. App. 646 (2011)
HARTFORD MUNICIPAL EMPLOYEES ASSOCIATION v. CITY OF HARTFORD 19 A.3d 193 (AC 31262)Appellate Court of Connecticut Lavine, Robinson and Flynn, Js. Syllabus The plaintiff, a certified bargaining representative for certain employees of the defendant city of Hartford, including R, sought to vacate an arbitration award in which the arbitrators found that the defendant had just […]
STATE v. JOHNSON, 26 Conn. App. 779 (1992)
603 A.2d 440 STATE OF CONNECTICUT v. KEITH JOHNSON (9851)Appellate Court of Connecticut DUPONT, C.J., NORCOTT and FOTI, Js. Convicted of the crime of possession of cocaine with intent to sell by a person who is not drug-dependent, as an accessory, the defendant appealed to this court claiming, that since the amount of the drug […]
LUDEMANN v. SPECIALTY NATIONAL INSURANCE COMPANY, 294 Conn. 917 (2009)
WILLIAM LUDEMANN ET AL. v. SPECIALTY NATIONAL INSURANCE COMPANY. 983 A.2d 851Supreme Court of Connecticut The plaintiffs’ petition for certification for appeal from the Appellate Court, 117 Conn. App. 656 (AC 30156), is denied. Stephen F. McEleney, in support of the petition. Frank J. Szilagyi and William M. Tierney, in opposition. Decided December 1, 2009
MOLITOR v. MOLITOR, 184 Conn. 530 (1981)
440 A.2d 215 DONNA MOLITOR v. JOSEPH T. MOLITOR, JR., ET AL. Supreme Court of Connecticut BOGDANSKI, C.J., PETERS, HEALEY, PARSKEY and ARMENTANO, Js. A transfer of property by a party to a marriage may, if made after notice of an actual or imminent action for alimony or support, be found fraudulent and be set […]
BURTON v. STATEWIDE GRIEVANCE COMMITTEE, 60 Conn. App. 698 (2000)
760 A.2d 1027 NANCY BURTON v. STATEWIDE GRIEVANCE COMMITTEE (AC 19067)Appellate Court of Connecticut Schaller, Hennessy and Shea, Js. Syllabus The plaintiff attorney appealed to this court from judgment of the trial court dismissing her appeal from a reprimand issued by the defendant statewide grievance committee. Held that the trial court improperly rejected the plaintiff’s […]
NIEVES v. COMMISSIONER OF CORRECTION, 248 Conn. 905 (1999)
731 A.2d 310 SIXTO NIEVES v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petitioner Sixto Nieves’ petition for certification for appeal from the Appellate Court, 51 Conn. App. 615 (AC 17256), is denied. Noelle Gately, in support of the petition. Decided March 17, 1999 Page 906
MAC’S CAR CITY, INC. v. AMERICAN NATIONAL BANK, 205 Conn. 255 (1987)
532 A.2d 1302 MAC’S CAR CITY, INC. v. AMERICAN NATIONAL BANK ET AL. (13103)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, COVELLO and HULL, Js. It is within the discretion of a trial court and not a violation of the doctrine of the “law of the case” to consider a renewed motion for summary judgment […]