778 A.2d 938 STATE OF CONNECTICUT v. WASHINGTON ALVAREZ (SC 16406)Supreme Court of Connecticut Borden, Norcott, Palmer, Vertefeuille and Zarella, Js. Syllabus The defendant, who previously had been convicted of, inter alia, assault in the first degree in connection with a 1995 beating incident involving the victim, K, filed an interlocutory appeal from the trial […]
Category: Connecticut Appellate & Supreme Courts Opinions
CABLES v. BRISTOL WATER CO., 86 Conn. 223 (1912)
84 A. 928 CECIL H. CABLES ET UX. vs. THE BRISTOL WATER COMPANY. Supreme Court of Connecticut First Judicial District, Hartford, October Term, 1912. HALL, C. J., PRENTICE, THAYER, RORABACK and WHEELER, Js. In reviewing the propriety of setting aside a verdict as excessive, this court is dealing directly with the action of the trial […]
STATE v. HARRIS, 54 Conn. App. 18 (1999)
734 A.2d 1027 STATE OF CONNECTICUT v. MICHAEL HARRIS (AC 17487)Appellate Court of Connecticut O’Connell, C.J., and Schaller and Sullivan, Js. Syllabus Convicted of the crimes of assault in the first degree, assault in the third degree, commission of a class A, B or C felony with a firearm and Page 19 carrying a pistol […]
FITZGERALD v. FITZGERALD, 165 Conn. 790 (1973)
304 A.2d 221 VIRGINIA H. FITZGERALD v. CLIFFORD L. FITZGERALD, Jr. Supreme Court of Connecticut The plaintiff’s motion for an extension of time to April 23, 1973, within which to file a rely to the defendant’s memorandum of law on the motion for review of the Superior Court’s order terminating a stay of execution in […]
AVALONBAY COMMUNITIES, INC. v. SEWER COMMISSION, 270 Conn. 409 (2004)
853 A.2d 497 AVALONBAY COMMUNITIES, INC, ET AL. v. SEWER COMMISSION OF THE CITY OF MILFORD ET AL. No. (SC 17131).Supreme Court of Connecticut. Borden, Norcott, Palmer, Vertefeuille and Zarella, Js. Syllabus The plaintiffs, A Co., the contract purchaser of a forty-two acre parcel of real property located in the city of Milford on which […]
McMAHON v. COMMISSIONER, 89 Conn. App. 366 (2005)
BRIAN K. McMAHON, JR. v. COMMISSIONER OF CORRECTION. No. (AC 25302).Appellate Court of Connecticut. Dranginis, Bishop and DiPentima, Js. Submitted on briefs April 1, 2005. Officially released May 31, 2005. Procedural History Petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Tolland and tried to the court, […]
HOUSING AUTHORITY v. PERARO, 199 Conn. 566 (1986)
509 A.2d 474 HOUSING AUTHORITY OF THE CITY OF NEW HAVEN v. P. JOSEPH PERARO, COMMISSIONER OF THE DEPARTMENT OF LABOR, ET AL. (12693)Supreme Court of Connecticut PETERS, C.J., HEALEY, SHEA, DANNEHY and SANTANIELLO, Js. The plaintiff New Haven housing authority, which had sought, inter alia, to enjoin the defendant unions from proceeding with arbitration […]
DeMOTSES v. LEONARD SCHWARTZ NISSAN, INC., 22 Conn. App. 464 (1990)
578 A.2d 144 EVELYN B. DeMOTSES v. LEONARD SCHWARTZ NISSAN, INC. (8175)Appellate Court of Connecticut SPALLONE, O’CONNELL and NORCOTT, Js. The plaintiff sought, inter alia, to recover for the defendant’s breach of a written contract for the plaintiffs purchase of a new car. The plaintiff had signed a standard form contract that contained a provision […]
BRIDGEPORT PEOPLE’S SAVINGS BANK v. PALAIA, 115 Conn. 357 (1932)
161 A. 526 BRIDGEPORT PEOPLE’S SAVINGS BANK vs. JOSEPH PALAIA ET ALS. Supreme Court of Connecticut MALTBIE, C. J., HAINES, HINMAN, BANKS AND AVERY, Js. A mere contract by the owner of land to give a deed of it, without granting the vendee specific or implied authority to encumber the land by a lien before […]
STATE v. JOHNSON, 216 Conn. 809 (1990)
580 A.2d 62 STATE OF CONNECTICUT v. DIANE MCINTOSH Supreme Court of Connecticut The state of Connecticut’s petition for certification for appeal from the Appellate Court, 22 Conn. App. 40, is granted, limited to the following issues: “1. Should this court’s holding in State v. Kimbro, 197 Conn. 219, be reconsidered? “2. Did the Appellate […]
STATE v. PEPE, 167 Conn. 690 (1974)
332 A.2d 374 STATE OF CONNECTICUT v. PETER PEPE Supreme Court of Connecticut The plaintiff’s motion to dismiss the appeal from the Superior Court in New Haven County is granted unless the defendant files his assignment of errors on or before February 11, 1975. Ernest J. Diette, Jr., assistant state’s attorney, for the appellee (state). […]
SPICER v. HINCKS, 113 Conn. 366 (1931)
155 A. 508 EDMUND SPICER vs. ROBERT S. HINCKS ET AL. Supreme Court of Connecticut Third Judicial District, Bridgeport, April Term, 1931. MALTBIE, C. J., HAINES, HINMAN, AVERY and DICKENSON, Js. An agreement by a broker to be lenient with a margin customer in times of stress is reasonably susceptible of interpretation and application by […]
CONEY v. COMMISSIONER OF CORR., 294 Conn. 924 (2010)
PAUL CONEY v. COMMISSIONER OF CORRECTION 985 A.2d 1061Supreme Court of Connecticut The petitioner Paul Coney’s petition for certification for appeal from the Appellate Court, 117 Conn. App. 860 (AC 29618), is denied. Mark Diamond, special public defender, in support of the petition. VERTEFEUILLE, J., did not participate in the consideration of or decision on […]
ARNOLD v. HOFFER, 94 Conn. App. 53 (2006)
JAMES J. ARNOLD ET AL. v. JOHN W. HOFFER, TRUSTEE, ET AL. No. (AC 26134).Appellate Court of Connecticut Flynn, Bishop and Hennessy, Js.[*] [*] The listing of judges reflects their seniority status on this court as of the date of oral argument. Syllabus The plaintiffs J and C, owners of property in a certain subdivision, […]
STATE v. MITCHELL, 253 Conn. 910 (2000)
754 A.2d 160 STATE OF CONNECTICUT v. JOHN MITCHELL Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 56 Conn. App. 561 (AC 18366), is denied. William S. Palmieri, in support of the petition. Timothy J. Sugrue, senior assistant state’s attorney, in opposition. Decided May 18, 2000
STATE v. DIMECO, 128 Conn. App. 198 (2011)
STATE OF CONNECTICUT v. GABRIEL R. DIMECO III 15 A.3d 1204 (AC 32202)Appellate Court of Connecticut DiPentima, C. J., and Robinson and Bear, Js. Syllabus Convicted, on a conditional plea of nolo contendere, of the crime of possession of child pornography in the first degree, the defendant appealed to this court. He claimed that the […]
DeSALLE v. APPELBERG, 44 Conn. App. 323 (1997)
688 A.2d 1356 ROBERT T. DeSALLE, SR., ET AL. v. GUSTAF T. APPELBERG ET AL. (14995)Appellate Court of Connecticut O’Connell, Schaller and Hennessy, Js. HEADNOTE The plaintiffs sought to recover for the alleged breach of a contract for the sale of a business to the defendants. The matter was referred to an attorney trial referee […]
NEVULIS v. WENTLAND, 124 Conn. 116 (1938)
197 A. 883 STANLEY NEVULIS v. HENRY WENTLAND ET AL. Supreme Court of Connecticut MALTBIE, C.J., HINMAN, AVERY, BROWN and JENNINGS, Js. Upon the evidence, held that the court was in error in setting aside the verdict in favor of the plaintiff, a pedestrian, against the defendant, driver of an automobile which struck and injured […]
DOE v. HARTFORD ROMAN CATHOLIC DIOCESAN CORP., 289 Conn. 911 (2008)
957 A.2d 868 MICHAEL DOE v. THE HARTFORD ROMAN CATHOLIC DIOCESAN CORPORATION ET AL. Supreme Court of Connecticut The petition by the proposed intervenor Roger J. Frechette for certification for appeal from the Appellate Court (AC 29511) is denied. ROGERS, C. J., and SCHALLER, J., did not participate in the consideration of or decision on […]
STARKWEATHER v. PATEL, 230 Conn. 905 (1994)
644 A.2d 918 HELEN STARKWEATHER v. DEVBALA PATEL HELEN STARKWEATHER v. MANCHESTER MEMORIAL HOSPITAL CORPORATION Supreme Court of Connecticut The petition of the defendants Devbala Patel and Manchester Memorial Hospital Corporation for certification for appeal from the Appellate Court, 34 Conn. App. 395 (AC 12357), is denied. Robert E. Kiley and Lois Tanzer, in support […]
CAPOZZIELLO v. COM. OF MOTOR VEHICLES, 53 Conn. App. 901 (1999)
734 A.2d 150 MATTHEW A. CAPOZZIELLO v. COMMISSIONER OF MOTOR VEHICLES (AC 18621)Appellate Court of Connecticut Lavery, Schaller and Sullivan, Js. Submitted on briefs April 1 Officially released May 4, 1999 Plaintiff’s appeal from the Superior Court in the judicial district of Fairfield, McWeeny, J. Per Curiam. The judgment is affirmed.
GUHRING v. GUMPPER, 117 Conn. 548 (1933)
169 A. 189 ALBERT GUHRING vs. PHILIP GUMPPER. Supreme Court of Connecticut MALTBIE, C. J., HAINES, HINMAN, BANKS and AVERY, Js. Whether, in the present case, the plaintiff was negligent in proceeding through the intersection, and whether the driver of the defendant’s truck was negligent in driving through the intersection at the speed at which […]
CAMPBELL v. NEW HAVEN, 101 Conn. 173 (1924)
125 A. 650 MICHAEL F. CAMPBELL vs. THE CITY OF NEW HAVEN. Supreme Court of Connecticut Third Judicial District, New Haven, April Term, 1924. WHEELER, C.J., BEACH, CURTIS, KEELER and HAINES, Js. The rule that private property may not be taken for public purposes without just compensation applies to all kinds of property and every […]
HIGINBOTHAM v. MANCHESTER, 113 Conn. 62 (1931)
145 A. 242 CHARLES H. HIGINBOTHAM ET AL. vs. WILBUR G. MANCHESTER, EXECUTOR (ESTATE OF GEORGE H. FITCH). Supreme Court of Connecticut First Judicial District, Hartford, January Term, 1931. MALTBIE, C. J., HAINES, HINMAN, BANKS and AVERY, Js. In the case of a devise by a testator resident in this State of land here situated, […]
BATES v. WHITTLE, 165 Conn. 442 (1973)
334 A.2d 475 WILLIAM BATES III ET AL. v. HUGH WHITTLE Supreme Court of Connecticut HOUSE, C.J., SHAPIRO, LOISELLE, MACDONALD and BOGDANSKI, Js. Argued November 7, 1973 Decided November 14, 1973 Action to recover money allegedly loaned to the defendant, brought to the Court of Common Pleas in New Haven County and tried to the […]
LITTLEFIELD v. COMMR. OF CORRECTION, 59 Conn. App. 432 (2000)
757 A.2d 679 ROBERT LITTLEFIELD v. COMMISSIONER OF CORRECTION (AC 19215)Appellate Court of Connecticut O’Connell, C.J., and Hennessy and Zarella, Js.[1] [1] The listing of judges reflects their seniority status on this court as of the date of oral argument. Argued February 22, 2000 Officially released August 22, 2000 Procedural History Amended petition for a […]
BURLINGTON v. TWINING, 115 Conn. 45 (1932)
160 A. 300 TOWN OF BURLINGTON vs. JOHN J. TWINING. Supreme Court of Connecticut MALTBIE, C. J., HAINES, HINMAN, BANKS and AVERY, Js. In an action of trespass, the possession of the land by the plaintiff, even though recent, is sufficient to support the action unless the defendant can show a superior right. In the […]
SPARICO v. MUNZENMAIER, 134 Conn. 194 (1947)
56 A.2d 165 THOMAS SPARICO v. AUGUST MUNZENMAIER Supreme Court of Connecticut MALTBIE, C. J., BROWN, JENNINGS, ELLS AND DICKENSON, Js. The automobiles of the plaintiff and defendant collided within an intersection when the latter turned to the left. The court inadvertently failed to comply with the plaintiff’s request to charge that any person turning […]
HARTFORD PARKVIEW ASSOC. LTD. PARTNERSHIP v. GROPPO, 211 Conn. 246 (1989)
558 A.2d 993 HARTFORD PARKVIEW ASSOCIATES LIMITED PARTNERSHIP ET AL. v. JOHN G. GROPPO, COMMISSIONER OF REVENUE SERVICES (13534)Supreme Court of Connecticut PETERS, C.J., GLASS, COVELLO, HULL and F. HENNESSY, Js. The plaintiffs, the operators of a hotel in the city of Hartford, appealed to the trial court from an assessment by the defendant commissioner […]
FERRIS v. CLARK, 240 Conn. 924 (1997)
692 A.2d 818 SUSAN L. FERRIS v. WILLIAM J. CLARK Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 44 Conn. App. 902 (AC 14312), is denied. PALMER, J., did not participate in the consideration or decision of this petition. William J. Clark, pro se, in support of the […]
McAULIFFE v. RUSSIAN GREEK CATHOLIC CHURCH, 130 Conn. 521 (1944)
36 A.2d 53 MAURICE F. McAULIFFE ET AL. v. THE RUSSIAN GREEK CATHOLIC CHURCH OF SAINT JOHN THE BAPTIST ET AL. Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. The title to church property of a divided congregation is in that part of it which is acting in harmony with its […]
ADAMS v. LILLIBRIDGE, 73 Conn. 655 (1901)
49 A. 21 GEORGE F. ADAMS, ADMINISTRATOR vs. THURSTON B. LILLIBRIDGE, ADMINISTRATOR, ET AL. Supreme Court of Connecticut Third Judicial District, Bridgeport, April Term, 1901.[*] [*] Transferred from the second judicial district. ANDREWS, C. J., TORRANCE, BALDWIN, HAMERSLEY and HALL, Js. A testator, after providing for the payment of his debts and bequeathing $500 to […]
KECKO PIPING CO. v. MONROE, 172 Conn. 197 (1977)
374 A.2d 179 KECKO PIPING COMPANY, INC. v. TOWN OF MONROE ET AL. Supreme Court of Connecticut HOUSE, C.J., LOISELLE, BOGDANSKI, LONGO and BARBER, Js. The plaintiff subcontractor sought damages for allegedly wrongful interference with the making of a contract between it and M Co. M Co., the successful bidder as general contractor on a […]
MARTIN J. KELLY, INC. v. LOCAL UNION 677, 152 Conn. 276 (1964)
206 A.2d 417 MARTIN J. KELLY, INC. v. LOCAL UNION 677, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA Supreme Court of Connecticut KING, C.J., MURPHY, ALCORN, COMLEY and SHANNON, Js. An employer engaged in interstate commerce is obliged to recognize a union which has been certified as the collective bargaining agent until […]
CONNECTICUT SOC. OF ARCHITECTS v. BANK BLDG. EQUIP., 151 Conn. 68 (1963)
193 A.2d 493 THE CONNECTICUT SOCIETY OF ARCHITECTS, INC. v. BANK BUILDING AND EQUIPMENT CORPORATION OF AMERICA Supreme Court of Connecticut KING, MURPHY, SHEA, ALCORN and COMLEY, Js. The act regulating the practice of architecture (c. 390) charges the architectural examining board “with enforcing the provisions of this chapter.” To that end, 20-296 empowers the […]
BEAUVILLIER v. BEAUVILLIER, 89 Conn. App. 901 (2005)
CAROL L. BEAUVILLIER v. ALAN R. BEAUVILLIER. No. (AC 25210).Appellate Court of Connecticut. Lavery, C. J., and Harper and West, Js. Argued April 27, 2005. Officially released May 31, 2005. Defendant’s appeal from the Superior Court in the judicial district of Waterbury, Leheny, J. Per Curiam. The judgment is affirmed. Page 902
TAYLOR v. CONSERVATION COMMISSION, 302 Conn. 60 (2011)
24 A.3d 1199 JAMES TAYLOR v. CONSERVATION COMMISSION OF THE TOWN OF FAIRFIELD. (SC 18426)Supreme Court of Connecticut Rogers, C. J., and Norcott, Palmer, Zarella, McLachlan and Harper, Js. Syllabus The plaintiff landowner appealed to the trial court from the decision of the defendant, the conservation commission of the town of Fairfield, denying in part […]
ACKLEY v. KENYON, 152 Conn. 392 (1965)
207 A.2d 265 JOHN ACKLEY v. HERBERT W. KENYON ET AL. THEODORE R. ACKLEY v. HERBERT W. KENYON ET AL. JAMES A. BATCHELL ET AL. v. ZONING COMMISSION OF THE TOWN OF GROTON ET AL. LESLIE E. HORTON ET AL. v. ZONING COMMISSION OF THE TOWN OF GROTON ET AL. CHRISTOPHER MULLANEY v. ZONING COMMISSION […]
GIARDINO v. BOURBEAU, 193 Conn. 116 (1984)
475 A.2d 298 ANTHONY P. GIARDINO v. DAVID BOURBEAU ET AL. (11413)Supreme Court of Connecticut SPEZIALE, C.J., PETERS, PARSKEY, SHEA and GRILLO, Js. Where one whose extradition has been sought files a petition for a writ of habeas corpus challenging the requested extradition, a court of the asylum state, in ruling on the petition, may […]
CUCCURO v. WEST HAVEN, 6 Conn. App. 265 (1986)
505 A.2d 1 PAULINE D’AGOSTINO CUCCURO v. CITY OF WEST HAVEN GEORGE SPRAGG v. CITY OF WEST HAVEN (3460) (3461)Appellate Court of Connecticut SPALLONE, DALY and BIELUCH, Js. The defendant city of West Haven appealed to this court from the decision of the compensation review division of the workers’ compensation commission affirming the commissioner’s awards […]
CYR v. COVENTRY, 216 Conn. 436 (1990)
582 A.2d 452 REED J. CYR ET AL. v. TOWN OF COVENTRY ET AL. (13929)Supreme Court of Connecticut SHEA, CALLAHAN, GLASS, HULL and BORDEN, Js. The plaintiff property owners, against whom the defendant water pollution control authority of the town of Coventry had levied assessments of sewer benefits, sought a declaratory judgment to determine, inter […]
HAMMER v. HAMMER, 25 Conn. App. 807 (1991)
592 A.2d 432 MARTIN L. HAMMER v. RONNIE S. HAMMER (8922)Appellate Court of Connecticut O’CONNELL, NORCOTT and FOTI, Js. Argued June 3, 1991 Decision released June 25, 1991 Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial district of Fairfield and tried to the court, […]
STATE v. ZAYAS, 3 Conn. App. 289 (1985)
489 A.2d 380 STATE OF CONNECTICUT v. JESSIE MUNOS ZAYAS (2685)Appellate Court of Connecticut DUPONT, C.P.J., HULL and SPALLONE, Js. Convicted of the crimes of threatening, of reckless endangerment in the first degree and of carrying a pistol without a permit, the defendant appealed. Held: 1. The trial court did not err in denying the […]
STATE v. SHINN, 244 Conn. 913 (1998)
713 A.2d 832 STATE OF CONNECTICUT v. JASON SHINN Supreme Court of Connecticut The defendant’s cross petition for certification for appeal from the Appellate Court, 47 Conn. App. 401 (AC 15928), is denied. Francis T. Mandanici, assistant public defender, in support of the petition. Page 914 Robert J. Scheinblum, assistant state’s attorney, in opposition. Decided […]
WEISMAN v. GREEN, 74 Conn. App. 901 (2002)
814 A.2d 442 DONALD E. WEISMAN v. ANGELA I. GREEN (AC 22877)Appellate Court of Connecticut Lavery, C. J., and Bishop and Stoughton, Js. Argued November 20 Officially released December 31, 2002 Defendant’s appeal from the Superior Court in the judicial district of Hartford, Beach, J. Per Curiam. The judgment is affirmed.
STATE v. PASCUCCI, 161 Conn. 382 (1971)
288 A.2d 408 STATE OF CONNECTICUT v. ALBERT PASCUCCI Supreme Court of Connecticut HOUSE, C.J., THIM, RYAN, SHAPIRO and LOISELLE, Js. The defendant, represented by a public defender, was found guilty of breaking and entering and of being a second offender. Because the public defender felt an appeal would be frivolous, a special public defender […]
STATE v. BRYANT, 166 Conn. 266 (1974)
348 A.2d 635 STATE OF CONNECTICUT v. WADE BRYANT Supreme Court of Connecticut HOUSE, C.J., SHAPIRO, LOISELLE, MACDONALD and BOGDANSKI, Js. Argued March 7, 1974 Decision released March 26, 1974 Information charging the defendant with the crime of robbery with violence, brought to the Superior Court in Hartford County and tried to the jury before […]
SORDEN v. HUGO, SHERIFF, 84 Conn. 566 (1911)
80 A. 713 WILLIAM H. SORDEN vs. PHILIP HUGO, SHERIFF. Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1911. HALL, C. J., PRENTICE, THAYER, RORABACK and WHEELER, Js. Chapter 240 of the Public Acts of 1909 provides that “an appeal” to this court by one convicted of and sentenced for a criminal […]
STATE v. GARCIA, 234 Conn. 917 (1995)
661 A.2d 97 STATE OF CONNECTICUT v. JOSE LUIS GARCIA Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 37 Conn. App. 619 (AC 11805), is denied. Brian J. Kornbrath, in support of the petition. Richard F. Jacobson, assistant state’s attorney, in opposition. Decided July 10, 1995
RIDDICK v. COMMISSIONER OF CORRECTION, 113 Conn. App. 456 (2009)
966 A.2d 762 JEFFREY RIDDICK v. COMMISSIONER OF CORRECTION. (AC 27975)Appellate Court of Connecticut DiPentima, Robinson and Schaller, Js. Syllabus The petitioner sought a writ of habeas corpus, alleging a denial of due process and that his trial counsel had provided ineffective assistance. Thereafter, the petitioner’s attorney, L, filed a motion for leave to withdraw, […]
DOOLEY v. DOOLEY, 61 Conn. App. 905 (2001)
763 A.2d 1095 KIMBALL E. DOOLEY v. CINDA S. DOOLEY (AC 20557)Appellate Court of Connecticut Lavery, C.J., and Zarella and Dranginis, Js. Submitted on briefs December 4, 2000 Officially released January 9, 2001 Plaintiff’s appeal from the Superior Court in the judicial district of Danbury, Hon. Romeo G. Petroni, judge trial referee. Per Curiam. The […]
HOWELL v. JOHNSON, 147 Conn. 290 (1960)
160 A.2d 486 JOSEPH C. HOWELL ET AL. V. WILLIAM S. JOHNSON ET AL. Supreme Court of Connecticut BALDWIN, C.J., KING, MURPHY, MELLITZ and SHEA, Js. A special act passed in 1957 required the board of fire commissioners of the first taxation district of West Haven to fill vacancies in the permanent staff of the […]
STATE v. TAFT, 220 Conn. 921 (1991)
598 A.2d 144 STATE OF CONNECTICUT v. CHRISTOPHER TAFT Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 25 Conn. App. 578, is denied. Patricia Buck Wolf, special public defender, in support of the petition. Marjorie Allen Dauster, deputy assistant state’s attorney, in opposition. Decided October 3, 1991 Page […]
STATE v. SLIMSKEY, 59 Conn. App. 341 (2000)
757 A.2d 621 STATE OF CONNECTICUT v. CHARLES SLIMSKEY (AC 18727)Appellate Court of Connecticut O’Connell, C.J., and Zarella and Dupont, Js.[1] [1] The listing of judges reflects their seniority status on this court as of the date of oral argument. Syllabus Convicted of the crimes of sexual assault in the second degree, risk of injury […]
STATE v. CLEMENTE, 166 Conn. 501 (1974)
353 A.2d 723 STATE OF CONNECTICUT v. DOMENIC CLEMENTE Supreme Court of Connecticut HOUSE, C.J., COTTER, LOISELLE, MACDONALD and BOGDANSKI, Js. By statute (54-86b), courts, after testimony by a prosecution witness, are required on motion to order the production of statements of that witness relating to his testimony. Because, however, that requirement operates to prohibit […]
MARTINO v. COMMISSIONER, 274 Conn. 915 (2005)
GARY MARTINO v. COMMISSIONER OF CORRECTION. No. (AC 25205).Supreme Court of Connecticut The petitioner Gary Martino’s petition for certification for appeal from the Appellate Court, 88 Conn. App. 902 (AC 25205), is denied. NORCOTT, J., did not participate in the consideration or decision of this petition. Page 916 Salvatore C. Adamo, special public defender, in […]
STATE v. VILLANO, 229 Conn. 916 (1994)
642 A.2d 1212 STATE OF CONNECTICUT v. PASQUALE VILLANO Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 33 Conn. App. 162 (AC 11515), is granted. It is further ordered that the matter be remanded to the Appellate Court for reconsideration in light of this court’s decision in State […]
STATE v. WHITESIDE, 152 Conn. 730 (1964)
204 A.2d 627 STATE OF CONNECTICUT v. LORING J. WHITESIDE Supreme Court of Connecticut The petition by the defendant for a writ of error coram nobis or review in equity is denied. Loring J. Whiteside, in support of the petition. Submitted October 27, 1964 Decided November 19, 1964 The defendant filed a motion for reargument […]
STATE v. BRETON, 252 Conn. 910 (1999)
743 A.2d 619 STATE OF CONNECTICUT v. ROBERT BRETON (SC 15876)Supreme Court of Connecticut The defendant’s motion for review of the trial court’s denial of his motion for articulation is granted. The relief requested is denied. BERDON, J., dissenting. When the state decides to kill a human being, that person should at least be entitled […]
LAFFIN v. APALUCCI, 130 Conn. 153 (1943)
32 A.2d 648 CHARLES LAFFIN v. NICHOLAS APALUCCI ET AL. Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. Where there is no basis in the finding by which the correctness of a charge can be tested, the assignment of error as to it is without merit. Whether the plea of self-defense […]
ZHANG v. OMNIPOINT INC., 272 Conn. 627 (2005)
866 A.2d 588 CHIJIAN ZHANG ET AL. v. OMNIPOINT COMMUNICATIONS ENTERPRISES, INC., ET AL. No. (SC 16959).Supreme Court of Connecticut Norcott, Katz, Palmer, Zarella and Levine, Js. Syllabus The plaintiffs, owners of certain real property in Fairfield over which a power company had easement rights that had been conveyed to it in a deed from […]
STATE v. SLADE, 280 Conn. 931 (2006)
909 A.2d 959 STATE OF CONNECTICUT, v. WILLIAM P. SLADE Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 97 Conn. App. 404 (AC 26317), is denied. Donald D. Dakers, special public defender, in support of the petition. Timothy F. Costello, special deputy assistant state’s attorney, in opposition. Decided […]
MALLOZZI v. NATIONWIDE MUTUAL INS. CO., 72 Conn. App. 620 (2002)
806 A.2d 97 MARIO MALLOZZI, JR. v. NATIONWIDE MUTUAL INSURANCE COMPANY. (AC 21717).Appellate Court of Connecticut Lavery, C.J., and Schaller and Hennessy, Js. Syllabus The plaintiff, who had been named as a defendant in four civil actions resulting from an automobile accident, sought a declaratory judgment to determine whether he was entitled to insurance coverage […]
FAIRCHILD HEIGHTS, INC. v. AMARO, 293 Conn. 1 (2009)
976 A.2d 668 FAIRCHILD HEIGHTS, INC. v. ROSEANN AMARO, FAIRCHILD HEIGHTS, INC. v. DEENA AIKEN ET AL (SC 18305)Supreme Court of Connecticut Norcott, Palmer, Vertefeuille, Zarella and McLachlan, Js. Syllabus The plaintiff owner of a mobile manufactured home park in the city of Shelton leased certain lots in the park to the defendant owners of […]
DAVIS-SCOFIELD CO. v. AGRICULTURAL INS. CO., 109 Conn. 673 (1929)
145 A. 33 THE DAVIS-SCOFIELD COMPANY vs. AGRICULTURAL INSURANCE COMPANY. Supreme Court of Connecticut Third Judicial District, Bridgeport, October Term, 1928. WHEELER, C. J., MALTBIE, HAINES, BANKS AND YEOMANS, Js. A fact is material to the consideration of a contract of insurance when, in the judgment of reasonably careful and intelligent persons, it would so […]
MAYFLOWER SALES CO., INC. v. TIFFANY, 124 Conn. 249 (1938)
198 A. 749 THE MAYFLOWER SALES COMPANY, INC. v. BELLE M. TIFFANY Supreme Court of Connecticut MALTBIE, C.J., HINMAN, AVERY, BROWN and JENNINGS, Js. The statute making both husband and wife liable “when any article purchased by either shall have in fact gone to the support of the family, or for the joint benefit of […]
GIDDINGS v. HONAN, 114 Conn. 473 (1932)
159 A. 271 STARR GIDDINGS, ADMINISTRATOR, (ESTATE OF WILLIAM GIDDINGS) vs. EDWARD A. HONAN. Supreme Court of Connecticut MALTBIE, C. J., HAINES, HINMAN, BANKS and AVERY, Js. Where the plaintiff files no requests to charge, if the charge as a whole is correct in law and sufficient to guide the jury in deciding the issues, […]
STATE v. ARROYO, 104 Conn. App. 167 (2007)
931 A.2d 975 STATE OF CONNECTICUT v. REYNALDO ARROYO (AC 28044)Appellate Court of Connecticut Schaller, DiPentima and Gruendel, Js. Syllabus Convicted of the crimes of felony murder, larceny in the fifth degree and conspiracy to commit robbery in the first degree in connection with an incident at a package store in which the defendant allegedly […]
JELLISON v. O’CONNELL, 73 Conn. App. 564 (2002)
808 A.2d 752 CHARLES E. JELLISON v. PETER B. O’CONNELL, CONSERVATOR (ESTATE AND PERSON OF ANN DEVANEY JELLISON). (AC 22715).Appellate Court of Connecticut. Foti, Schaller and West, Js. Submitted on briefs September 16, 2002. Officially released November 12, 2002. Procedural History Appeal from the order of the Probate Court for the district of Fairfield concerning […]
LASH v. AETNA CASUALTY AND SURETY COMPANY, 233 Conn. 910 (1995)
659 A.2d 183 JAMES W. LASH, ADMINISTRATOR (ESTATE OF MICHAEL LASH) v. AETNA CASUALTY AND SURETY COMPANY ET AL. (15223)Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 36 Conn. App. 623 (AC 12975), is granted, limited to the following issues: Page 911 “1. Whether a person killed in […]
STATE v. GARGANO, 99 Conn. 103 (1923)
121 A. 657 THE STATE OF CONNECTICUT vs. BIAGIO GARGANO. Supreme Court of Connecticut Third Judicial District, Bridgeport, April Term, 1923. WHEELER, C. J., BEACH, CURTIS, BURPEE and KEELER, Js. A verdict will be set aside only when it works manifest injustice, and the wrong is so plain and palpable as clearly to denote that […]
FEDUS v. ZONING PLANNING COMM’N OF COLCHESTER, 112 Conn. App. 844 (2009)
JOHN F. FEDUS ET AL. v. ZONING AND PLANNING COMMISSION OF THE TOWN OF COLCHESTER. (AC 29350)Appellate Court of Connecticut Bishop, Gruendel and Lavery, Js. Syllabus The plaintiffs appealed to the trial court from the decision of the defendant zoning and planning commission of the town of Colchester approving a site plan application for a […]
MATZ v. ARICK, 76 Conn. 388 (1904)
56 A. 630 HARRY MATZ ET AL. vs. MAIER ARICK ET AL. Supreme Court of Connecticut Third Judicial District, Bridgeport, October Term, 1903. TORRANCE, C. J., BALDWIN, HAMERSLEY, HALL and PRENTICE, Js. In this State it is lawful for any one, except pawnbrokers and others loaning money on pledges of personal property (§ 4659), to […]
DUBINSKY v. CITICORP MORTGAGE, INC., 48 Conn. App. 52 (1998)
708 A.2d 226 DAVID DUBINSKY v. CITICORP MORTGAGE, INC. (AC 16790)Appellate Court of Connecticut Foti, Dupont and Daly, Js. SYLLABUS The plaintiff, who had applied for a mortgage loan from the defendant in connection with his proposed purchase of certain real property, sought damages for the defendant’s breach of an alleged duty to supply him […]
CREATIVE HOME BUILDERS v. NOGA, 9 Conn. App. 812 (1986)
518 A.2d 680 CREATIVE HOME BUILDERS, INC. v. JAMES S. NOGA ET AL. (4952)Appellate Court of Connecticut HULL, DALY and BIELUCH, Js. Submitted on briefs December 12, 1986 Released December 16, 1986 Action to recover damages for the alleged breach of a construction contract, brought to the Superior Court in the judicial district of Hartford-New […]
STATE v. ROSS, 251 Conn. 579 (1999)
742 A.2d 312 STATE OF CONNECTICUT v. MICHAEL B. ROSS (SC 16124), (SC 16135)Supreme Court of Connecticut Norcott, Sullivan, Peters, Callahan and Schaller, Js. Syllabus The defendant, who had been sentenced to death on his convictions of six counts of a capital felony, previously had appealed to this court, which had affirmed his convictions but […]
CFM OF CONNECTICUT v. CHOWDHURY, 38 Conn. App. 745 (1995)
662 A.2d 1340 CFM OF CONNECTICUT v. TAUFIQUL CHOWDHURY ET AL. (12406)Appellate Court of Connecticut FOTI, LANDAU and HEIMAN, Js. Where, as here, no motion to vacate or set aside an order of sanctions is filed within four months of the issuance of that order, by statute (§ 52-212a) a trial court has no jurisdiction […]
LOULIS v. PARROTT, 42 Conn. App. 272 (1996)
679 A.2d 967 FREDERICK J. LOULIS ET AL. v. DEAN B. PARROTT ET AL. (14890)Appellate Court of Connecticut Spear, Hennessy and Healey, Js. The plaintiffs sought, inter alia, a declaratory judgment challenging the issuance of a certificate of zoning compliance enabling the defendant P to obtain a permit to operate a liquor store on premises […]
STATE v. ZAPATA, 119 Conn. App. 660 (2010)
STATE OF CONNECTICUT v. MIGUEL ZAPATA 989 A.2d 626 (AC 30426)Appellate Court of Connecticut DiPentima, Lavine and Freedman, Js. Syllabus Convicted of the crimes of murder, conspiracy to commit murder and carrying a pistol without a permit in connection with the shooting death of the victim, the defendant appealed. He claimed, inter alia, that the […]
STATE v. CASEY, 45 Conn. App. 32 (1997)
692 A.2d 1312 STATE OF CONNECTICUT v. EBONY CASEY (AC 15847)Appellate Court of Connecticut Landau, Schaller and Shea, Js. Convicted, on a conditional plea of nolo contendere, of the crimes of felony murder and robbery in the first degree, the defendant appealed to this court challenging, inter alia, the trial court’s denial of her motion […]
STATE v. HOPKINS, 222 Conn. 117 (1992)
609 A.2d 236 STATE OF CONNECTICUT v. ANTHONY HOPKINS (13832)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, COVELLO and BERDON, Js. Convicted of the crimes of felony murder, attempted robbery in the first degree and assault in the first degree, the defendant appealed to this court claiming, inter alia, that the trial court should not […]
NEDER v. WILDRICK, 5 Conn. App. 551 (1985)
500 A.2d 967 ROBIN MAE NEDER v. THOMAS WILDRICK (3660)Appellate Court of Connecticut HULL, DALY and BIELUCH, Js. Argued November 14, 1985 Decision released December 3, 1985 Action to establish the paternity of the plaintiff’s minor child, brought to the Superior Court in the judicial district of New London, geographical area number ten, where the […]
DIGIOVANNA v. GEORGE, 300 Conn. 59 (2011)
MICHAEL DIGIOVANNA v. DONNA ST. GEORGE. 12 A.3d 900 (SC 17624)Supreme Court of Connecticut Rogers, C. J., and Norcott, Katz, Palmer, McLachlan and Eveleigh, Js. Syllabus Pursuant to statute (§ 46b-59), a trial court can permit visitation with a minor child to “any person” if it is in the best interest of the child. The […]
LUBIN v. CONTINENTAL ASSURANCE COMPANY, 155 Conn. 697 (1967)
203 A.2d 552 DORIS LUBIN v. CONTINENTAL ASSURANCE COMPANY Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. Argued June 14, 1967 Decided June 14, 1967 Action on an insurance policy to recover double indemnity benefits for an allegedly accidental death, brought to the Court of Common Pleas in New London County […]
SAMAHA v. MAURO, 104 Conn. 300 (1926)
132 A. 455 JOSEPHINE SAMAHA, P. P. A. vs. VINCENZO MAURO. Supreme Court of Connecticut Third Judicial District, New Haven, January Term, 1926. WHEELER, C. J., CURTIS, MALTBIE, HAINES and HINMAN, Js. An appellant who seeks to have this court correct a finding under the provisions of § 5832 of the General Statutes, must state […]
MILLER v. METCALF, 77 Conn. 176 (1904)
58 A. 743 WILLIS E. MILLER, EXECUTOR, vs. JOHN T. METCALF ET AL. Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1904. TORRANCE, C. J., BALDWIN, HAMERSLEY, HALL and PRENTICE, Js. A testator, whose entire estate consisted of a majority of the shares of stock of a manufacturing corporation, gave it all […]
IVIMEY v. AMERICAN BANK OF CONNECTICUT, 31 Conn. App. 921 (1993)
625 A.2d 849 KATHERINE G. IVIMEY ET AL. v. AMERICAN BANK OF CONNECTICUT (11074)Appellate Court of Connecticut DALY, FOTI and LANDAU, Js. Argued May 4, 1993 Decision released May 25, 1993 Action to recover damages for the alleged fraud in the computation of interest charged pursuant to a mortgage note, and for other relief, brought […]
OLD SAYBROOK v. PUBLIC UTILITIES COMMISSION, 100 Conn. 322 (1924)
124 A. 33 THE TOWN OF OLD SAYBROOK vs. THE PUBLIC UTILITIES COMMISSION ET ALS. Supreme Court of Connecticut First Judicial District, Hartford, January Term, 1924. WHEELER, C. J., BEACH, CURTIS, KEELER and MALTBIE, Js. An Act which seeks to give the Highway Commissioner power to initiate proceedings for the elimination of conditions dangerous to […]
GEMMELL v. LEE, 59 Conn. App. 572 (2000)
757 A.2d 1171 ALISTAIR GEMMELL ET AL. v. DENNIS LEE ET AL. (AC 19616)Appellate Court of Connecticut Landau, Spear and Freedman, Js. Syllabus The named defendant et al. appealed to this court from the judgment of the trial court quieting title in the plaintiffs to a certain proposed road or private right-of-way known as Glen […]
STATE v. SERVELLO, 208 Conn. 811 (1988)
545 A.2d 1106 STATE OF CONNECTICUT v. JAMES SERVELLO Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 14 Conn. App. 88, is denied. Joseph G. Bruckmann, assistant public defender, in support of the petition. Mitchell S. Brody, deputy assistant state’s attorney, in opposition. Decided June 22, 1988
STATE v. THOMPSON, 46 Conn. App. 791 (1997)
700 A.2d 1198 STATE OF CONNECTICUT v. JERRY THOMPSON (AC 15070)Appellate Court of Connecticut Foti, Schaller and Daly, Js. SYLLABUS Convicted of the crimes of possession of narcotics with intent to sell, conspiracy to possess narcotics and interfering with an officer, the defendant appealed to this court. Held: 1. The defendant having failed to seek […]
BASSETT v. MECHANICS BANK, 118 Conn. 490 (1934)
173 A. 228 GEORGE J. BASSETT, BANK COMMISSIONER, vs. MECHANICS BANK OF NEW HAVEN. Supreme Court of Connecticut MALTBIE, C. J., HAINES, HINMAN, BANKS AND AVERY, Js. The defendant bank received for collection a draft by the H Co. of Colorado, on the S Co. of New Haven, on the margin of which was printed: […]
STATE v. DUNCAN, 96 Conn. App. 533 (2006)
901 A.2d 687 VTATE OF CONNECTICUT v. TIMOTHY DUNCAN. (AC 26079).Appellate Court of Connecticut Gruendel, Lavine and Dupont, Js. Syllabus Convicted of the crimes of conspiracy to commit robbery in the first degree, interfering with an officer, carrying a pistol or revolver without a permit and alteration of a firearm identification mark or number, the […]
CROMWELL COMMONS ASSOCIATES v. KOZIURA, 21 Conn. App. 1 (1990)
570 A.2d 1131 CROMWELL COMMONS ASSOCIATES v. KAZIMIERZ KOZIURA ET AL. (7664)Appellate Court of Connecticut DUPONT, C.J., FOTI and LAVERY, Js. The defendants appealed to this court following the trial court’s denial of their motion to open and vacate a stipulated judgment that had been rendered against them in the plaintiff’s action for breach of […]
MERCER v. STRANGE, 96 Conn. App. 123 (2006)
899 A.2d 683 EUGENE P. MERCER v. DAVID STRANGE ET AL. (AC 26616).Appellate Court of Connecticut DiPentima, McLachlan and Hennessy, Js. Syllabus The plaintiff sought monetary and injunctive relief for the allegedly discriminatory actions of the defendants, employees of the department of correction, who filed a motion to dismiss alleging that the plaintiff’s claims were […]
SALAMAN v. CITY OF WATERBURY, 44 Conn. App. 211 (1997)
687 A.2d 1318 JULIO SALAMAN, ADMINISTRATOR (ESTATE OF JAMIE C. SALAMAN) v. CITY OF WATERBURY ET AL. (14709)Appellate Court of Connecticut O’Connell, Foti and Spear, Js. The plaintiff administrator of the decedent’s estate sought to recover damages from, inter alia, the defendant city of Waterbury claiming that the city was liable for the decedent’s drowning […]
GIFFORD v. FREEDOM OF INFORMATION COMMISSION, 227 Conn. 641 (1993)
631 A.2d 252 WILLIAM H. GIFFORD ET AL. v. FREEDOM OF INFORMATION COMMISSION ET AL. (14682) (14683)Supreme Court of Connecticut PETERS, C.J., CALLAHAN, BORDEN, BERDON and KATZ, Js. The plaintiff police chief and the plaintiff chief state’s attorney appealed to the trial court from a decision by the defendant freedom of information commission determining that […]
McCULLOUGH v. WATERFRONT PARK ASSOCIATION, INC., 227 Conn. 933 (1993)
632 A.2d 707 LINDA McCULLOUGH v. WATERFRONT PARK ASSOCIATION, INC., ET AL. Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court, 32 Conn. App. 746 (AC 11420), is denied. Barry D. Guliano, in support of the petition. Raymond T. DeMeo, in opposition. Decided October 15, 1993 Page 1
MARSHALL v. CLARK, 170 Conn. 199 (1976)
365 A.2d 1202 JAMES OTTO MARSHALL v. WILLIAM CLARK ET AL. Supreme Court of Connecticut HOUSE, C.J., LOISELLE, BOGDANSKI, LONGO and MACDONALD, Js. J, the plaintiff father, on a petition for a writ of habeas corpus, sought custody of his three minor children who had been staying in Connecticut with the sister and brother-in-law of […]
STATE v. LEWIS, 273 Conn. 509 (2005)
871 A.2d 986 STATE OF CONNECTICUT v. KENNETH LEWIS. No. (SC 17283).Supreme Court of Connecticut. Borden, Norcott, Katz, Palmer and Vertefeuille, Js. Syllabus Pursuant to the prohibited acts provision of the Home Improvement Act, (§ 20-427 [b] [8]), no contractor shall “fail to refund the amount paid Page 510 for a home improvement within ten […]