Category: Connecticut Appellate & Supreme Courts Opinions

908 A.2d 535 EDWARD ASBERRY v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petitioner Edward Asberry’s petition for certification for appeal from the Appellate Court, 96 Conn. App. 901 (AC 26214), is denied. VERTEFEUILLE, J., did not participate in the consideration or decision of this petition. Kirstin Coffin, special public defender, in support of […]

740 A.2d 832 STATE OF CONNECTICUT v. MICHAEL WATSON (SC 15924)Supreme Court of Connecticut Borden, Berdon, Palmer, McDonald and Peters, Js.[*] [*] The listing of the justices reflects their seniority status on this court as of the date of oral argument. Syllabus Convicted of two counts of robbery in the first degree and found to […]

18 A.2d 372 WILLIAM A. WILCOX, RECEIVER v. CHARLES R. JOHNSON ET ALS Supreme Court of Connecticut MALTBIE, C. J., AVERY, BROWN, JENNINGS and ELLS, Js. Where a transfer of property is made with an actual intent to defraud existing or future creditors, it may be set aside. While there was no direct evidence that […]

635 A.2d 839 JACQUES ALL TRADES CORPORATION v. LAVERNE BROWN ET AL. (11653)Appellate Court of Connecticut DUPONT, C.J., LANDAU and SCHALLER, Js. The plaintiff contractor sought to recover for certain home improvements performed for the defendant homeowner, B, under a home rehabilitation loan program run by the defendant city of Hartford. Under an “agreement for […]

922 A.2d 1056 TRAYSTMAN, CORIC AND KERAMIDAS, P.C. v. ANDREW J. DAIGLE. No. (SC 17591).Supreme Court of Connecticut Borden, Norcott, Katz, Vertefeuille and Zarella, Js. Syllabus The defendant, who had retained the plaintiff law firm to represent him in his marital dissolution action, sought to recover attorney’s fees and costs that he incurred in defending […]

730 A.2d 119 STATE OF CONNECTICUT v. TAURUS KENNEY (AC 17352)Appellate Court of Connecticut Foti, Landau and Sullivan, Js. Syllabus Convicted of the crimes of sale of illegal drugs, sale of a controlled substance within 1500 feet of a public housing project, possession of narcotics, conspiracy to sell narcotics and threatening, the defendant appealed to […]

575 A.2d 704 STATE OF CONNECTICUT v. RONALD CALLAHAN (7747)Appellate Court of Connecticut SPALLONE, O’CONNELL and NORCOTT, Js, Convicted of the crime of manslaughter in the second degree, the defendant appealed to this court claiming, inter alia, that the evidence presented was insufficient to support his conviction. The state presented evidence that the defendant had […]

WILLIAM MASSEY ET AL. v. TOWN OF BRANFORD ET AL 990 A.2d 345Supreme Court of Connecticut The petition by the plaintiffs William Massey and Dawn Massey for certification for appeal from the Page 914 Appellate Court, 118 Conn. App. 491 (AC 28593), is denied. William Massey, pro se, and Dawn Massey, pro se, in support […]

746 A.2d 743 GREGORY KOLOMIETS v. SYNCOR INTERNATIONAL CORPORATION ET AL. (SC 16081)Supreme Court of Connecticut McDonald, C.J., and Borden, Norcott, Katz and Palmer, Js. Syllabus The plaintiff, a delivery person employed by the named defendant, appealed to the Appellate Court from a decision by the workers’ compensation review board reversing a commissioner’s award of […]

389 A.2d 1269 CITY OF NEW HAVEN v. PLANNING AND ZONING COMMISSION OF THE TOWN OF EAST HAVEN Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Court of Common Pleas in New Haven County is denied by the court. Hugh F. Keefe, in support of the petition. Henry L. Fisher, […]

799 A.2d 331 DOROTHY GRECO v. RALPH GRECO (AC 22135)Appellate Court of Connecticut Schaller, Dranginis and Hennessy, Js. Syllabus The defendant appealed to this court from the judgment of the trial court dissolving his marriage to the plaintiff. Held: 1. The trial court’s finding that the defendant’s infidelity was the cause of the breakdown of […]

758 A.2d 363 CONNECTICUT SAVINGS BANK v. ROBERT S. OBENAUF ET AL. (AC 19442)Appellate Court of Connecticut Foti, Mihalakos and Spallone, Js. Syllabus The defendant A appealed to this court following the denial by the trial court of her motion to open and set aside a judgment holding her liable on a promissory note to […]

670 A.2d 340 STATE OF CONNECTICUT v. KENNETH HILLMAN (14096)Appellate Court of Connecticut Lavery, Landau and Schaller, Js. Argued January 17, 1996 Decision released February 13, 1996 Information charging the defendant with violation of probation, brought to the Superior Court in the judicial district of New London, geographical area number ten, and tried to the […]

699 A.2d 207 SCOTT LARKIN v. COMMISSIONER OF CORRECTION (AC 16570)Appellate Court of Connecticut O’Connell, Landau and Hennessy, Js. On the petitioner’s appeal to this court following the denial by the trial court of his petition for certification to appeal from that court’s denial of his petition for a writ of habeas corpus, held: 1. […]

304 A.2d 220 CITY OF HARTFORD v. THE CONNECTICUT NATURAL GAS CORPORATION ET AL. Supreme Court of Connecticut The plaintiff’s motion to strike or expunge an assignment of error for the reason that it is improperly filed in the appeal from the Court of Common Pleas in Hartford County is denied. Peter G. Boucher, assistant […]

528 A.2d 1137 WILLIAM C. CARBONE, JR. v. ATLANTIC RICHFIELD COMPANY (13120)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, GLASS and COVELLO, Js. The plaintiff sought, in three counts, to recover damages for the allegedly wrongful termination of his employment by the defendant. In the first count, he alleged breach of contract and breach of […]

49 A.2d 665 EDWARD D. AUGUR v. MARY H. AUGUR Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. The plaintiff assigned error because of the absence of any finding “as a fact” that there was no intolerable cruelty. The burden was on the plaintiff to prove intolerable cruelty. The conclusion of […]

140 A.2d 486 UNITED AIRCRAFT CORPORATION v. WILLIAM F. CONNELLY, TAX COMMISSIONER Supreme Court of Connecticut WYNNE, C. J., DALY, MURPHY, COTTER and MACDONALD, Js. Under a section of the sales and use tax law (2094 [4]), if a purchaser who has given the vendor a certificate that the property is purchased for resale makes […]

504 A.2d 1020 STATE OF CONNECTICUT v. WILLIAM L. GORDON (11679) (12709)Supreme Court of Connecticut PETERS, C.J., SHEA, DANNEHY, SANTANIELLO and CALLAHAN, Js. The defendant was convicted of the crimes of burglary in the first degree, conspiracy to commit burglary in the first degree, robbery in the first degree, conspiracy to commit robbery in the […]

705 A.2d 551 KATHLEEN O. MINNEMAN v. BOARD OF EDUCATION OF THE CITY OF NORWICH ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 47 Conn. App. 913 (AC 16746), is denied. Kathleen O. Minneman, pro se, in support of the petition. Timothy E. Welsh, in opposition. […]

251 A.2d 86 GUALTIERI AND JOHNSON CONSTRUCTION COMPANY, INC. v. TOWN PLAN AND ZONING COMMISSION OF THE TOWN OF FARMINGTON Supreme Court of Connecticut The motion by the defendant, to have the judgment of the Court of Common Pleas in Hartford County set aside, and the appeal from the defendant’s decision dismissed, is denied. Palmer […]

923 A.2d 688 VERDI VEJSELI ET AL. v. GANI PASHA ET AL. No. (SC 17734).Supreme Court of Connecticut Borden, Norcott, Katz, Palmer and Vertefeuille, Js. Syllabus The plaintiffs, following the discovery of certain construction defects in their newly constructed house, sought damages from, inter alios, the defendant town of Watertown and two of its building […]

949 A.2d 518 EDWIN C. ST. GERMAIN v. GARY LABRIE ET AL. (AC 28380)Appellate Court of Connecticut Lavine, Beach and Peters, Js. Syllabus The plaintiff sought, inter alia, to enjoin the defendants, his former roommates, from damaging or removing the plaintiffs personal property located at a house where the plaintiff had resided with the defendants. […]

61 A.2d 668 FRANK KEYES v. JACK CHURCHWARD Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. The gist of an action for alienation of affections is the loss of consortium, a property right growing out of the marriage relation which includes the exclusive right to the services of the spouse. By […]

590 A.2d 112 STATE OF CONNECTICUT v. ARIEL HERNANDEZ (14017)Supreme Court of Connecticut PETERS, C.J., SHEA, GLASS, COVELLO and BORDEN, Js. Convicted of the crime of sale of cocaine by a person who is not drug-dependent and of violating probation, the defendant appealed to the Appellate Court, which affirmed the judgments of the trial court. […]

487 A.2d 181 MARY JO NEYLAND v. BOARD OF EDUCATION OF THE TOWN OF REDDING (12046)Supreme Court of Connecticut HEALEY, PARSKEY, SHEA, DANNEHY and SANTANIELLO, Js. The Uniform Administrative Procedure Act (UAPA) (4-166 through 4-189) has never applied to boards of education. The 1975 legislative amendment which specifically excluded boards of education from its ambit […]

918 A.2d 888 FINE HOMEBUILDERS, INC. v. DIANE PERRONE ET AL.[*] Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court, 98 Conn. App. 852 (AC 26714), is granted, limited to the following issue: “Did the Appellate Court properly determine that a state marshal’s service of process at a locked […]

24 A.3d 27 WALGREEN EASTERN COMPANY, INC. v. ZONING BOARD OF APPEALS OF THE TOWN OF FAIRFIELD, WALGREEN EASTERN COMPANY, INC. v. TOWN PLAN AND ZONING COMMISSION OF THE TOWN OF FAIRFIELD (AC 31497)Appellate Court of Connecticut DiPentima, C. J., and Lavine and Peters, Js. Syllabus The plaintiff in both cases, W Co., appealed to […]

251 A.2d 86 GLORIA SLEEPER ET AL. v. AUDREY S. BAINES ET AL. Supreme Court of Connecticut The motion by the defendant Vanna B. McMullin to dismiss the appeal from the Superior Court in Fairfield County at Stamford is granted. Richard J. Joseph, for the appellee (defendant Vanna B. McMullin). F. Mac Buckley, for the […]

721 A.2d 1255 IN RE SAMANTHA B.[*] (AC 18075)Appellate Court of Connecticut [*] In accordance with the spirit and intent of General Statutes § 46b-142 (b) and Practice Book § 79-3, the names of the parties involved in this appeal are not disclosed. The records and papers of this case shall be open for inspection […]

701 A.2d 343 GARY RAMISK v. COMMISSIONER OF MOTOR VEHICLES Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 45 Conn. App. 924 (AC 16284), is denied. Norman B. Teague, in support of the petition. Robert L. Marconi, assistant attorney general, in opposition. Decided September 24, 1997

815 A.2d 675 JEFFREY I. DONTIGNEY v. CLINTON ROBERTS Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 73 Conn. App. 709 (AC 21972), is denied. Jeffrey I. Dontigney, pro se, in support of the petition. Janis C. Jerman, in opposition. Decided February 5, 2003

763 A.2d 1090 WEBSTER BANK v. JOANNA V. ZAK ET AL. (AC 20906)Appellate Court of Connecticut Landau, Zarella and Daly, Js. Argued December 12, 2000 Officially released January 16, 2001 Procedural History Action to foreclose a mortgage on certain real property, and for other relief, brought to the Superior Court in the judicial district of […]

842 A.2d 1100 ZANNIS KALAMS v. JOHN J. GIACCHETTO, ZANNIS KALAMS ET AL. v. JOHN J. GIACCHETTO (SC 17025)Supreme Court of Connecticut Sullivan, C.J., and Katz, Palmer, Vertefeuille and Zarella, Js. Syllabus The plaintiff Z sought to recover damages from the defendant physician, alleging medical malpractice in connection with two surgeries to repair Z’s right […]

607 A.2d 896 TOWN OF VOLUNTOWN v. JULIUS RYTMAN ET AL. (10332)Appellate Court of Connecticut DUPONT, C.J., HEIMAN and FREEDMAN, Js. The town of Voluntown sought to foreclose various tax liens on certain of the defendant R’s real property. Also named as defendants were subsequent encumbrancers of the property including C Co., the holder of […]

815 A.2d 676 MATTHEW ROBINSON v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petitioner Matthew Robinson’s petition for certification for appeal from the Appellate Court, 73 Conn. App. 579 (AC 22556), is denied. Richard C. Marquette, special public defender, in support of the petition. Frederick W. Fawcett, supervisory assistant state’s attorney, in opposition. Decided […]

750 A.2d 491 RONALD N. IGNACIO v. THERESA MONTANA-IGNACIO (AC 19350)Appellate Court of Connecticut Foti, Schaller and Mihalakos, Js. Argued February 17, 2000 Officially released May 9, 2000 Procedural History Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial district of Waterbury and tried to […]

806 A.2d 48 TROY JAYNES v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petitioner Troy Jaynes’ petition for certification for appeal from the Appellate Court, 70 Conn. App. 904 (AC 21761), is denied. SULLIVAN, C. J., did not participate in the consideration or decision of this petition. Michael A. D’Onofrio, special public defender, in […]

851 A.2d 367 STATE OF CONNECTICUT v. MICHAEL MILLER (AC 23769)Appellate Court of Connecticut Lavery, C.J., and Flynn and McLachlan, Js. Syllabus The defendant, who had been on probation in connection with his conviction for violating a protective order, appealed to this court from the judgment of the trial court revoking his probation and committing […]

709 A.2d 597 SHARON MEZES v. EDWARD MEAD ET AL. (AC 15895)Appellate Court of Connecticut Foti, Schaller and Sullivan, Js. SYLLABUS The plaintiff, who had sustained injuries in an accident while attending a picnic conducted by her employer on company grounds, sought to recover damages from the defendants, the alleged tortfeasor, M, and the owner […]

545 A.2d 281 STATE OF CONNECTICUT v. ENRIQUE C. GONZALEZ Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 14 Conn. App. 216, is granted, limited to the issue: “Did the Appellate Court erroneously conclude (1) that General Statutes (Rev. to 1985) 14-227a (b) provides that one commits the […]

441 A.2d 43 SUPERIOR WIRE AND PAPER PRODUCTS, LTD. v. TALCOTT TOOL AND MACHINE, INC., ET AL. Supreme Court of Connecticut BOGDANSKI, C.J., PETERS, HEALEY, ARMENTANO and SHEA, Js. The plaintiff seller sought to recover the amount due on a series of contracts for the sale of goods which it had entered into with the […]

561 A.2d 1388 TOWN OF EAST HAVEN v. AFSCME, COUNCIL 15, LOCAL 1662 (13659)Supreme Court of Connecticut PETERS, C.J., HEALEY, SHEA, GLASS AND HULL, Js. The plaintiff town of East Haven applied to vacate an arbitration award rendered in connection with a grievance filed by S, a member of the defendant union. S had claimed […]

595 A.2d 819 STATEWIDE GRIEVANCE COMMITTEE v. ZBIGNIEW S. ROZBICKI (14101)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, COVELLO and F. X. HENNESSY, Js. The defendant attorney appealed from the judgment of the trial court finding him guilty of professional misconduct and suspending him from the practice of law for three months. He claimed, inter […]

94 A.2d 15 BARTOLOMEO PATALANO v. ERNEST J. CHABOT Supreme Court of Connecticut BROWN, C.J., JENNINGS, BALDWIN, INGLIS and O’SULLIVAN, Js. Reformation of a deed can be ordered when it has been executed as the result of a mutual mistake and by reason thereof each party has done what neither intended. Reformation is also available […]

686 A.2d 110 JOHN C. KUCEJ v. STATEWIDE GRIEVANCE COMMITTEE (15446)Supreme Court of Connecticut Callahan, C.J., and Borden, Palmer, McDonald and Peters, Js. The plaintiff attorney appealed from the judgment of the trial court dismissing his appeal from a reprimand issued by the defendant statewide grievance committee in connection with his representation of the former […]

499 A.2d 804 SEVEN FIFTY MAIN STREET ASSOCIATES LIMITED PARTNERSHIP v. HOWARD SPECTOR Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 5 Conn. App. 170, is dismissed. Richard S. Cramer, in support of the petition. David M. Roth, in opposition. Decided October 24, 1985 Page 816

459 A.2d 115 DEZSO BARTHA, JR. v. WATERBURY HOUSE WRECKING COMPANY, INC., ET AL. (10885)Supreme Court of Connecticut PETERS, HEALEY, PARSKEY, SHEA and GRILLO, Js. The plaintiff sought damages for injuries he sustained when he fell into a large excavation or hole on land for which the named defendant, W Co., had contracted to provide […]

815 A.2d 104 STATE OF CONNECTICUT v. STEVEN EDELMAN (SC 16623)Supreme Court of Connecticut Sullivan, C.J., Borden, Katz, Palmer and Vertefeuille, Js. Argued January 6 Officially released February 18, 2003 Procedural History Amended information charging the defendant with violation of the state building code, brought to the Superior Court in the judicial district of Windham, […]

5 A.2d 10 WALTER STULGINSKI v. MIKE CIZAUSKAS. Supreme Court of Connecticut MALTBIE, C.J., HINMAN, AVERY, BROWN and JENNINGS, Js. Where one has by his negligence injured another, he is not relieved from paying any part of the compensation due for the injuries because payment thereof has been made to the person injured by a […]

531 A.2d 943 FELIX MEIZOSO ET AL. v. JOSEPH BAJOROS (5225)Appellate Court of Connecticut HULL, BORDEN and DALY, Js. The named plaintiff, claiming negligence and nuisance, sought damages for injuries he sustained in a fall allegedly caused by the defective condition of a softball field under the control of the defendant. His plaintiff wife joined […]

TERRANCE WILLIAMS v. COMMISSIONER OF CORRECTION. 991 A.2d 705 (AC 29528)Appellate Court of Connecticut Flynn, C. J., and Gruendel and Robinson, Js.[*] [*] The listing of judges reflects their seniority status on this court as of the date of oral argument. Syllabus The petitioner, who was convicted, on guilty pleas, of various crimes charged under […]

199 A.2d 705 THE NORTH ROLLINGWOOD PROPERTY OWNERS ASSOCIATION ET AL. v. THE CITY PLAN COMMISSION OF THE CITY OF NEW BRITAIN ET AL. Supreme Court of Connecticut The motion by the defendants to dismiss the appeal from the Court of Common Pleas in Hartford County is denied. Austin K. Wolf, with whom was John […]

693 A.2d 308 SUSAN A. KIREKER v. JOHN LOUIS HOLDING CORPORATION (AC 16171)Appellate Court of Connecticut O’Connell, Foti and Spear, Js. Argued April 23, 1997 Officially released May 20, 1997 Appeal from the Superior Court in the judicial district of Stamford-Norwalk, Lewis, J. Per Curiam. The judgment is affirmed.

ERIC KLEIN ET AL. v. NORWALK HOSPITAL 9 A.3d 364 (SC 18395)Supreme Court of Connecticut Katz, Palmer, McLachlan, Eveleigh and Vertefeuille, Js. Syllabus The plaintiff dentist, who sought damages for personal injuries he allegedly sustained when a nurse employed by the defendant hospital improperly inserted an intravenous needle in his arm, appealed to the Appellate […]

486 A.2d 1136 STATE OF CONNECTICUT v. LUIS ALFONSO (2859)Appellate Court of Connecticut HULL, BORDEN and SPALLONE, Js. On the defendant’s appeal following his conviction of the crimes of carrying a pistol without a permit and of removing a pistol identification number, held that the defendant’s claims to the contrary notwithstanding, Page 226 the trial […]

249 A.2d 62 DUCCI ELECTRIC COMPANY, INC. v. PUBLIC UTILITIES COMMISSION CONNECTICUT TELEVISION, INC. v. PUBLIC UTILITIES COMMISSION NEW HAVEN TV CABLE COMPANY, INC. v. PUBLIC UTILITIES COMMISSION Supreme Court of Connecticut The motion by TelePrompTer Corporation of New York to dismiss the appeal in the first case from the Superior Court in Hartford County […]

882 A.2d 715 THOMAS GAFFEY v. KATHLEEN A. GAFFEY. No. (AC 25322).Appellate Court of Connecticut Schaller, McLachlan and Foti, Js. Syllabus The defendant, whose marriage to the plaintiff had been dissolved, appealed to this court from the judgment of the trial court denying her postdissolution motion for a modification of child support. Held that the […]

545 A.2d 587 STATE OF CONNECTICUT v. CHARLES MENDEZ (5892)Appellate Court of Connecticut DUPONT, C.J., SPALLONE and O’CONNELL, Js. Convicted of the crimes of assault in the first degree, attempt to commit assault in the first degree and burglary in the third degree, the defendant appealed to this court. Held: 1. The trial court did […]

628 A.2d 987 PEOPLE’S BANK v. CAROLE MOSCOWITZ Supreme Court of Connecticut The defendants Carole Moscowitz and Mark Moscowitz’ petition for certification for appeal from the Appellate Court, 31 Conn. App. 266 (AC 11547), is denied. Francis G. Pennarola, in support of the petition. Theodore R. Tyma, in opposition. Decided June 24, 1993

234 A.2d 450 MARGUERITE L. NOWELL v. AMES NOWELL Supreme Court of Connecticut The application by the defendant for a further extension of time is granted to the extent that the effective date of the order of May 10, 1967, is deferred until November 14, 1967. The motion by the defendant to vacate the order […]

119 A.2d 730 DONALD COPPOLA ET AL. v. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY ET AL. Supreme Court of Connecticut INGLIS, C.J., WYNNE, DALY, MELLITZ and SHANNON, Js. The public utilities commission has the power under 5520 to authorize the laying of an industrial sidetrack which crosses a highway at grade. Other […]

755 A.2d 984 STATE OF CONNECTICUT v. GEORGE C. TATE (AC 20236)Appellate Court of Connecticut Lavery, C.J., and Spear and Hennessy, Js. Syllabus Convicted of the crimes of attempt to commit sexual assault in the first degree, sexual assault in the third degree, kidnapping in the first degree, assault in the third degree, burglary in […]

583 A.2d 656 IRWIN HUTT v. TURNPIKE REALTY OF WATERTOWN, INC., ET AL. (8804)Appellate Court of Connecticut DALY, NORCOTT and LANDAU, Js. Argued December 4, 1990 Decision released December 12, 1990 Action to recover damages for the alleged breach of the warranties contained in a deed for certain real property sold by the named defendant, […]

301 A.2d 560 STATE OF CONNECTICUT v. FREDERICK PUESCHEL Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Division of the Court of Common Pleas is denied. Herbert Watstein, in support of the petition. Robert P. Sneideman, in opposition. Submitted March 1, 1973 Decided March 8, 1973

58 A.2d 380 FRANCIS J. BIELUCZYK v. CROWN PETROLEUM CORPORATION ET AL. Supreme Court of Connecticut MALTBIE, C. J., BROWN, JENNINGS, ELLS and DICKENSON, Js. The defendant made a written agreement with T whereby the latter was to run a gasoline station dealing in the defendant’s products in buildings and with equipment owned by the […]

636 A.2d 883 GERTRUDE O. WEISS v. CITY OF STAMFORD ET AL. (12314)Appellate Court of Connecticut DUPONT, C.J., HEIMAN and FREEDMAN, Js. Argued January 13, 1994 Decision released February 1, 1994 Action for a judgment declaring certain of the named defendant’s zoning regulations limiting the number of apartments in multiple family buildings to be void, […]

940 A.2d 892 JAMES J. WILTZIUS v. ZONING BOARD OF APPEALS OF THE TOWN OF NEW MILFORD ET AL. (AC 27787), (AC 27788), (AC 27789)Appellate Court of Connecticut Bishop, McLachlan and Gruendel, Js. Syllabus The plaintiff abutting landowner appealed to the trial court from certain decisions by the defendant zoning board of appeals approving the […]

821 A.2d 793 JAMES OTWELL v. BRUCE BULDUC ET AL. (AC 22845)Appellate Court of Connecticut Mihalakos, Dranginis and West, Js. Submitted on briefs October 31, 2002 Officially released May 20, 2003 Procedural History Action to recover damages for personal injuries sustained as a result of the alleged negligence of the defendants, brought to the Superior […]

287 A.2d 739 HENRY BATES, JR., ET AL. v. DONALD FRINDER ET AL. Supreme Court of Connecticut HOUSE, THIM, RYAN, SHAPIRO and LOISELLE, Js. Argued May 4, 1971 Decided June 2, 1971 Action to recover damages for personal injuries, alleged to have been caused by the negligence of the defendants, brought to the Superior Court […]

551 A.2d 1293 ROBERT LEE JOHNSON v. WARDEN, CONNECTICUT CORRECTIONAL INSTITUTE (6508)Appellate Court of Connecticut DUPONT, C. J., O’CONNELL and NORCOTT, Js. Argued November 17, 1988 Decision released December 13, 1988 Petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Rockville, where the court, Kline, J., granted […]

197 A.2d 645 ALEX PLUHOWSKY v. CITY OF NEW HAVEN ANNA PLUHOWSKY v. CITY OF NEW HAVEN ET AL. Supreme Court of Connecticut KING, C.J., MURPHY, SHEA, ALCORN and COMLEY, Js In the first case, the court rendered judgment in favor of the plaintiff driver against the defendant city under the defective highway statute for […]

650 A.2d 168 STATE OF CONNECTICUT v. PAUL B. WOHLER (14798)Supreme Court of Connecticut PETERS, C.J., and CALLAHAN, BORDEN, BERDON and KATZ, Js. Convicted of the crime of larceny in the second degree, the defendant appealed to the Appellate Court, which reversed the trial court’s judgment and ordered a judgment of acquittal, and the state, […]

724 A.2d 541 CECI BROTHERS, INC. v. FIVE TWENTY-ONE CORPORATION ET AL. (AC 17426)Appellate Court of Connecticut Foti, Lavery and Hennessy, Js. Syllabus By statute (§ 49-33), mechanic’s liens may be filed by persons who have furnished “materials” or rendered “services” in connection with the “construction, raising, removal or repairs of any building or any […]

866 A.2d 1252 REGION 14 BOARD OF EDUCATION v. NONNEWAUG TEACHERS’ ASSOCIATION. No. (SC 17138).Supreme Court of Connecticut. Sullivan, C. J., and Borden, Norcott, Palmer and Vertefeuille, Js. Argued December 1, 2004. Officially released March 1, 2005. Procedural History Action for a declaratory judgment to determine the arbitrability of a grievance filed by the defendant […]

231 A.2d 539 STATE EX REL. THOMAS MAISANO v. CHARLES R. MITCHELL, SR. Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. Although the second taxing district of Norwalk, which comprises the territory of the former city of South Norwalk, was consolidated and incorporated into the city of Norwalk in 1913, it […]

970 A.2d 656 GEORGE L. ROSADO ET AL. v. BRIDGEPORT ROMAN CATHOLIC DIOCESAN CORPORATION ET AL (SC 17807)Supreme Court of Connecticut Rogers, C. J., and Katz, Palmer, Vertefeuille and Sullivan, Js. Syllabus The defendant diocese and certain individual clergymen under its direction appealed from the judgments of the trial court granting a motion by the […]

JOAQUIN GUDINO v. COMMISSIONER OF CORRECTION. 10 A.3d 522Supreme Court of Connecticut The petitioner Joaquin Gudino’s petition for certification for appeal from the Appellate Court, 123 Conn. App. 719 (AC 30801), is denied. Paul R. Kraus, special public defender, in support of the petition. Leon F. Dalbec, Jr., senior assistant state’s attorney, in opposition. Decided […]

307 A.2d 174 ALVIN GRAVELY, ADMINISTRATOR (ESTATE OF JAMES GRAVELY) v. ARTHUR E. TOWNSEND ET AL. Supreme Court of Connecticut HOUSE, C.J., COTTER, RYAN, LOISELLE and MACDONALD, Js. J, the plaintiff’s decedent, while pushing a car on a public highway, was struck and killed by a car operated by the defendant T. The T car […]

772 A.2d 1128 1525 HIGHLAND ASSOCIATES, LLC v. GEORGE FOHL ET AL. (AC 19990)Appellate Court of Connecticut Landau, Spear and Daly, Js. Syllabus By statute (§ 47-21), any conveyance of property made by a person ousted of possession, unless made to the person in actual possession, shall be void. The plaintiff property owner sought, inter […]

782 A.2d 169 STATE OF CONNECTICUT v. DEOWRAJ BUDDHU (AC 20212)Appellate Court of Connecticut Landau, Mihalakos and Daly, Js. Syllabus The state appealed to this court from the trial court’s judgment dismissing the information charging the defendant with multiple counts of the crimes of attempt to commit forgery in the second degree and forgery in […]

618 A.2d 1340 LEO VAILLANCOURT v. NEW BRITAIN MACHINE/LITTON ET AL. (14503)Supreme Court of Connecticut CALLAHAN, BORDEN, BERDON, NORCOTT and KATZ, Js. By statute (31-349 [Rev. to 1983]), before liability for an employee’s permanent disability may be transferred to the Second Injury and Compensation Assurance Fund, notice must be given to the Fund ninety days […]

772 A.2d 747 STATE OF CONNECTICUT v. BENNIE GENE GRAY, JR. (AC 19862), (AC 19889)Appellate Court of Connecticut Landau, Zarella and Dupont, Js. Syllabus Convicted of the crimes of possession of heroin with intent to sell, possession of narcotics and violation of probation, the defendant appealed to this court, claiming that the trial court improperly […]

789 A.2d 545 JENNIE OLYNCIW v. STOP SHOP COMPANIES, INC. (AC 21070)Appellate Court of Connecticut Lavery, C.J., and Landau and Freedman, Js. Syllabus The plaintiff sought to recover for personal injuries she sustained in a fall at the defendant’s supermarket. The defendant denied that it was Page 774 negligent and filed special defenses alleging that […]

727 A.2d 252 FARMERS AND MECHANICS BANK v. STANLEY M. KRUPA ET AL. (AC 18426)Appellate Court of Connecticut Foti, Spear and Hennessy, Js. Argued January 13 Officially released March 30, 1999 Procedural History Action to foreclose a mortgage on certain real property, and for other relief, brought to the Superior Court in the judicial district […]