Category: Connecticut Appellate & Supreme Courts Opinions

329 A.2d 133 PENELOPE CRAGG ET AL. v. DUNN BUS CORPORATION ET AL. Supreme Court of Connecticut The motion by the defendants Dunn Bus Corporation and Stephen Marlin to dismiss the appeal from the Court of Common Pleas in Fairfield County at Stamford is granted. Richard Gilardi, for the appellees (defendants Dunn Bus Corporation and […]

723 A.2d 812 ROBERT SCHRECK v. CITY OF STAMFORD Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 51 Conn. App. 92 (AC 17668), is granted, limited to the following issue: “Did the Appellate Court properly conclude that, under General Statutes § 31-301 (a), the time for a party […]

253 A.2d 496 NESTA E. WALDEN v. DANIEL E. LATTARULO Supreme Court of Connecticut The motion by the plaintiff to dismiss the petition for certification for appeal from the Appellate Division of the Circuit Court is granted. William P. Lage, for the appellee (plaintiff). Norman Sivin, for the appellant (defendant). Argued June 3, 1969 Decided […]

FRANCISCO JIMENEZ v. COMMISSIONER OF CORRECTION 990 A.2d 344Supreme Court of Connecticut The petitioner Francisco Jimenez’ petition for certification for appeal from the Appellate Court, 117 Conn. App. 902 (AC 29973), is denied. Paul R. Kraus, special public defender, in support of the petition. Laurie N. Feldman, special deputy assistant state’s attorney, in opposition. VERTEFEUILLE, […]

800 A.2d 1200 STATE OF CONNECTICUT v. BENJAMIN JENKINS (AC 22200)Appellate Court of Connecticut Foti, Bishop and Shea, Js. Syllabus Convicted of the crimes of murder and assault in the first degree, the defendant appealed, claiming that the trial court improperly denied his requests to dismiss his attorney and that he had been deprived of […]

369 A.2d 1121 DON THOMAS v. LYNN THOMAS Supreme Court of Connecticut The state’s motion to dismiss the plaintiff’s appeal from the Superior Court in Fairfield County is granted. George Szydlowski, assistant attorney general, for the appellee (state). No appearance for the plaintiff. No appearance for the defendant. Argued March 1, 1977 Decided March 1, […]

651 A.2d 744 STATE OF CONNECTICUT v. DENNIS SMITH (12134)Appellate Court of Connecticut O’CONNELL, FOTI and LANDAU, Js. The defendant, who had been convicted of the crime of conspiracy to commit assault in the first degree and acquitted of the crime of assault in the first degree, appealed to this court claiming, inter alia, that […]

576 A.2d 538 GREGLON INDUSTRIES, INC. v. A. HUNTER BOWMAN ET AL. Supreme Court of Connecticut The defendants A. Hunter Bowman’s and Carolyn R. Bowman’s petition for certification for appeal from the Appellate Court, 21 Conn. App. 131, is denied. A. Hunter Bowman and Carolyn R. Bowman, pro se, in support of the petition. Myra […]

662 A.2d 809 SOPHIE LUPOLI v. GALE S. LUPOLI ET AL. (14092)Appellate Court of Connecticut O’CONNELL, FOTI and HEIMAN, Js. The defendant L appealed to this court from the judgment of the trial court ordering strict foreclosure of a mortgage on certain of her real property. Held: 1. Although the trial court improperly excluded, on […]

741 A.2d 13 JOSEPH A. GIBSON III v. COMMISSIONER OF CORRECTION (AC 19159)Appellate Court of Connecticut Lavery, Hennessy and Vertefeuille, Js. Argued October 27, 1999 Officially released November 23, 1999 Petitioner’s appeal from the Superior Court in the judicial district of Danbury, Radcliffe, J. Per Curiam. The judgment is affirmed.

559 A.2d 1174 ROBERT HORN v. ZONING BOARD OF APPEALS OF THE CITY OF NORWALK (7280)Appellate Court of Connecticut DUPONT, C.J., O’CONNELL and FOTI, Js. The plaintiff appealed to the defendant Norwalk zoning board of appeals from the denial by that city’s zoning enforcement officer of the plaintiffs request for a certificate of Zoning compliance […]

772 A.2d 630 ARNOLD PAYNE v. COMMISSIONER OF CORRECTION (AC 20321)Appellate Court of Connecticut Landau, Schaller and Mihalakos, Js. Submitted on briefs January 12, 2001 Officially released April 3, 2001 Procedural History Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of New Haven and tried to […]

392 A.2d 501 BEVERLY CROSS v. TOMMY WILSON Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Session of the Superior Court is denied by the court. P. J. Pittman, in support of the petition. Michael A. Arcari, in opposition. Submitted October 11, 1978 Decided October 17, 1978

20 A.2d 411 ELLEN O’BRIEN v. H. L. GREEN COMPANY. Supreme Court of Connecticut MALTBIE, C. J., AVERY, BROWN, JENNINGS and ELLS, Js. The plaintiff claimed that the floor of the store on which she fell was rendered slippery by a combination of floor dressing and material tracked in by customers from the outside. To […]

806 A.2d 1065 BETH ANN MONGILLO v. EDWARD MONGILLO Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 69 Conn. App. 472 (AC 20975), is denied. Lori Welch-Rubin, in support of the petition. Kevin P. Thornton, in opposition. Decided September 19, 2002

296 A.2d 479 CITY OF HARTFORD v. PUBLIC UTILITIES COMMISSION AND THE CONNECTICUT COMPANY Supreme Court of Connecticut The motion by the defendant The Connecticut Company to dismiss the appeal from the Court of Common Pleas in Hartford County is denied. Joseph P. Cooney and J. Read Murphy, for the appellee (defendant The Connecticut Company). […]

692 A.2d 814 STATE OF CONNECTICUT v. BENJAMIN CAMPFIELD Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 44 Conn. App. 6 (AC 11386), is denied. Erskine D. McIntosh, in support of the petition. James D. Ralls, assistant state’s attorney, in opposition. Decided March 27, 1997

791 A.2d 649 STATE OF CONNECTICUT v. JAMES DOWNING (AC 20826)Appellate Court of Connecticut Foti, Schaller and Cretella, Js. Syllabus Convicted of the crime of capital felony in connection with the beating death of a fifteen year old victim, the defendant appealed, claiming, inter alia, that the trial court improperly admitted the testimony of a […]

727 A.2d 700 ETHEL ORKNEY v. HANOVER INSURANCE COMPANY (SC 15942)Supreme Court of Connecticut Callahan, C.J., and Berdon, Norcott, Palmer and McDonald, Js. Syllabus The plaintiff sought to recover underinsured motorist benefits under two separate automobile insurance policies issued by the defendant insurer to her and to the operator of the vehicle in which she […]

614 A.2d 825 CHELSEA GROTON SAVINGS BANK v. DOROTHY E. GAGNON ET AL. Supreme Court of Connecticut The named defendant’s’ petition for certification for appeal from the Appellate Court, 28 Conn. App. 907, is denied. Dorothy E. Gagnon, pro se, in support of the petition. Jackson T. King, Jr., in opposition. Decided September 17, 1992 […]

STATE OF CONNECTICUT v. CHARLES PILOTTI. 914 A.2d 1067 No. (AC 26220).Appellate Court of Connecticut Bishop, Gruendel and Rogers, Js. Syllabus Convicted of the crime of operating a motor vehicle while under the influence of intoxicating liquor under the statutory (§ 14-227a [a] [2]) subdivision that makes it a crime for an individual to operate […]

604 A.2d 362 LYNN GOYTIZOLO v. TRUDY MOORE (9798)Appellate Court of Connecticut DUPONT, C.J., LAVERY and LANDAU, Js. The plaintiff sought to set aside two allegedly fraudulent conveyances of certain real property. The defendant, who is the plaintiff’s mother, had acquired the property in 1955 and two months later had conveyed the property to B, […]

391 A.2d 177 JOHNNY CAKE, INC. v. ZONING BOARD OF APPEALS OF THE TOWN OF BURLINGTON ET AL. Supreme Court of Connecticut The defendants’ petition for certification for appeal from the judicial district of Hartford-New Britain at Hartford is granted by the court. Vincent J. Dowling, in support of the petition. Michael D. O’Connell, in […]

181 A.2d 253 STANLEY A. GERVAIS v. DOUGLAS F. FOEHRENBACH ET AL. Supreme Court of Connecticut BALDWIN, C.J., MURPHY, SHEA, SHAPIRO and KLAU, Js. The defendant F drove his car in pursuit of the plaintiff’s car and forced it to stop. The jury could find that F and his passenger, the defendant C, acted in […]

226 A.2d 108 NEWTON RUGGLES ET AL. v. TOWN PLAN AND ZONING COMMISSION OF THE TOWN OF ORANGE ET AL. Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. Argued January 4, 1967 Decided January 17, 1967 Appeal from the action of the defendant commission in granting a permit for the removal […]

612 A.2d 88 STATE OF CONNECTICUT v. CARLOS RIVERA HERNANDEZ (10167)Appellate Court of Connecticut DUPONT, C.J., LAVERY and FREEDMAN, Js. Convicted of the crime of sale of narcotics by a person who is not drug-dependent and conspiracy to distribute narcotics, the defendant appealed to this court challenging, inter alia, the admission into evidence of statements […]

818 A.2d 841 JOSEPH E. CELENTANO ET AL. v. IRA B. GRUDBERG ET AL. (AC 22656)Appellate Court of Connecticut Lavery, C.J., and Dranginis and Peters, Js. Syllabus The plaintiffs, the principals of a company that operates landfills, sought damages from the defendant attorney, G, and the defendant law firm for breach of contract, alleging that […]

598 A.2d 1106 ROBERT ELDERKIN v. WATER POLLUTION CONTROL BOARD OF THE BOROUGH OF NAUGATUCK (9753)Appellate Court of Connecticut O’CONNELL, NORCOTT and HEIMAN Js. Argued November 7, 1991 Decision released November 26, 1991 Appeal from a decision by the defendant levying a sewer benefit assessment on certain of the plaintiff’s real property and from a […]

169 A.2d 888 GILBERT LOWELL ET AL. v. THOMAS E. DALY ET AL. Supreme Court of Connecticut BALDWIN, C.J., KING, MURPHY, MELLITZ and BORDON, Js. The plaintiffs’ injuries were sustained when their car, stopped at a stop sign, was struck in the rear by a car driven by the named defendant. In view of the […]

442 A.2d 63 WINFRED A. KLOTER v. CARABETTA ENTERPRISES, INC. Supreme Court of Connecticut SPEZIALE, C.J., PETERS, HEALEY, ARMENTANO and WRIGHT, Js. The plaintiff owner of an undeveloped parcel of land in the town of Vernon, alleging that the storm drainage system installed by the defendant adjacent landowner incident to its construction of an apartment […]

803 A.2d 383 STATE OF CONNECTICUT v. LAWRENCE C. KURANKO (AC 20577)Appellate Court of Connecticut Lavery, C.J., and Mihalakos and Daly, Js. Syllabus Convicted of the crimes of assault of a victim sixty years of age or older in the third degree and reckless endangerment in the first degree, the defendant appealed to this court, […]

SUZANNE M. KAIRON v. BRUCE E. BURNHAM ET AL 991 A.2d 675 (AC 30583)Appellate Court of Connecticut DiPentima, Robinson and Peters, Js. Syllabus The plaintiff sought to recover damages from the defendant plastic surgeon, B, for, inter alia, medical malpractice in connection with a facial surgery that B performed on the plaintiff, who claimed that […]

759 A.2d 1025 STATE OF CONNECTICUT v. GEORGE McPHEE Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 58 Conn. App. 501 (AC 18657), is denied. Pamela S. Nagy, special public defender, in support of the petition. Robert M. Spector, deputy assistant state’s attorney, in opposition. Decided October 2, […]

386 A.2d 1135 BElT HAVURAH ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF NORFOLK ET AL. Supreme Court of Connecticut The plaintiffs’ motion for a review of the trial court’s order denying their motion for rectification of appeal from the Court of Common Pleas in Litchfield County is granted by the court. […]

920 A.2d 1018 KIM NICHOLS ANGLE v. KELLY ANGLE. No. (AC 27180).Appellate Court of Connecticut Flynn, C. J., and DiPentima and Pellegrino, Js. Syllabus The defendant appealed to this court from the judgment of the trial court denying his second motion for a modification of alimony pendente lite. Held: Page 764 1. The plaintiff could […]

815 A.2d 677 STATE OF CONNECTICUT v. HECTOR RIOS Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 74 Conn. App. 110 (AC 20982), is denied. Michael L. Moscowitz, special public defender, in support of the petition. Bruce R. Lockwood, assistant state’s attorney, in opposition. Decided February 5, 2003

950 A.2d 1285 MICHAEL DAWSON v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petitioner Michael Dawson’s petition for certification for appeal from the Appellate Court, 106 Conn. App. 614 (AC 27528), is denied. Mary Boehlert, special public defender, in support of the petition. Kathryn Ward Bare, deputy assistant state’s attorney, in opposition. Decided May […]

34 A.2d 634 NATHAN F. RIVKIN ET AL. v. JOSEPH GOUVEIA ET AL. Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. The named defendant, driving the first of three trucks in line, abruptly slowed down and, turning sharply to his right into a field, stalled his truck with half of it […]

739 A.2d 1248 ALEXANDER KURTI v. CAROLYN H. BECKER ET AL. Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court, 54 Conn. App. 335 (AC 17978), is denied. Page 910 SULLIVAN, J., did not participate in the consideration or decision of this petition. Scott P. Birrell, in support of […]

467 A.2d 126 BRIDGEPORT BOWL-O-RAMA, INC. v. ZONING BOARD OF APPEALS OF THE CITY OF BRIDGEPORT ET AL. FILE No. 1585Appellate Session of the Superior Court Notices of decisions of zoning boards, published pursuant to statute (8-7), must contain the name of the owner of the property, the location of the property, the nature of […]

597 A.2d 334 STATE OF CONNECTICUT v. JOHN C. GRANT Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 25 Conn. App. 154, is denied. Elizabeth A. Gallagher, in support of the petition. Mary H. Lesser, assistant state’s attorney, in opposition. Decided September 19, 1991

16 A.2d 351 LAURETTE K. EIRICH v. STATE MUTUAL LIFE ASSURANCE COMPANY Supreme Court of Connecticut MALTBIE. C. J., AVERY, BROWN, JENNINGS and ELLS, Js. A policy insuring the life of the plaintiff’s husband contained an agreement to pay the plaintiff as beneficiary double indemnity in case of accidental death of the insured, but stated […]

ELIZABETH BARTEL v. JAMES A. BARTEL, JR. 911 A.2d 1134 No. (AC 26131).Appellate Court of Connecticut Flynn, C. J., and Schaller and Harper, Js. Syllabus The plaintiff appealed to this court from the judgment of the trial court dissolving her marriage to the defendant and making certain financial orders. Held: 1. The trial court, in […]

613 A.2d 1344 STATE OF CONNECTICUT v. EDWARD F. JOHNSON (10015)Appellate Court of Connecticut LANDAU, FREEDMAN and CRETELLA, Js. Convicted of the crimes of operating a motor vehicle while under the influence of intoxicating liquor and evading responsibility, the defendant appealed to this court claiming, inter alia, that the trial court improperly denied his motion […]

272 A.2d 138 GERALD LEVESQUE ET AL. v. TULLIO MORIZIO Supreme Court of Connecticut The motion by the plaintiffs to dismiss the appeal from the Superior Court in Hartford County is denied. Joseph E. Fazzano, for the appellees (plaintiffs). Snow G. Munford, for the appellant (defendant). Argued January 5, 1971 Decided January 5, 1971

742 A.2d 366 TIMOTHY P. TAFT ET AL. v. WHEELABRATOR PUTNAM, INC., ET AL. (AC 18064)Appellate Court of Connecticut Foti, Hennessy and Dupont, Js. Syllabus The plaintiff property owners sought, inter alia, a judgment declaring null and void a special permit granted by the defendant zoning commission for the construction and operation of an ash […]

642 A.2d 62 EXPRESSWAY ASSOCIATES II v. FRIENDLY ICE CREAM CORPORATION OF CONNECTICUT (11891)Appellate Court of Connecticut O’CONNELL, FOTI and LANDAU, Js. The plaintiff partnership appealed to this court from the trial court’s denial of its motion for contempt. Held that because the appeal was brought pro se by a general partner in the partnership, […]

STATE OF CONNECTICUT v. TYQUAN AVANT BRODIA 20 A.3d 726 (AC 31162)Appellate Court of Connecticut Bishop, Robinson and Borden, Js. Syllabus Convicted of the crimes of possession of narcotics with intent to sell by a person who is not drug-dependent, possession of narcotics with intent to sell within 1500 feet of a public housing project, […]

516 A.2d 154 DENNIS A. KEYES ET AL. v. WILLIAM F. KRUSCHKA ET AL. (4016)Appellate Court of Connecticut BORDEN, DALY and BIELUCH, Js. Argued October 14, 1986 Decision released October 16, 1986 Action to quiet title, brought to the Superior Court in the judicial district of New Haven and referred to Hon. Harold Mulvey, state […]

782 A.2d 133 OLWEN M. FALKENSTEIN v. MICHAEL FALKENSTEIN Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 63 Conn. App. 909 (AC 20143), is denied. Olwen M. Falkenstein, pro se, in support of the petition. Decided July 17, 2001 Page 911

704 A.2d 795 STANLEY DORSEY v. UNITED TECHNOLOGIES CORPORATION/NORDEN SYSTEMS ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 45 Conn. App. 707 (AC 16378), is granted. The case is remanded to the Appellate Court for reconsideration in light of Discuillo v. Stone Webster, 242 Conn. 570 […]

317 A.2d 154 BIAGIO NICOLI v. EASTON PLANNING AND ZONING COMMISSION Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Court of Common Pleas in Fairfield County is granted. Robert J. Berta, in support of the petition. Clement F. Naples, in opposition. Submitted March 19, 1974 Decided April 4, 1974

459 A.2d 515 SANDRA ANN WALSH v. PETER A. WALSH (10901)Supreme Court of Connecticut PETERS, HEALEY, PARSKEY, GRILLO and COVELLO, Js. The defendant appealed to this court following the action of the trial court granting the motion of the plaintiff, his former wife, to modify the judgment dissolving the parties’ marriage by ordering the defendant […]

520 A.2d 155 JOHN N. CRAIG v. GEORGE D. BRONSON, WARDEN (12747)Supreme Court of Connecticut PETERS, C.J., SHEA, DANNEHY, CALLAHAN and BRENNEMAN, Js. The petitioner appealed from the trial court’s denial of the petition for a writ of habeas corpus which he had based on the fact that he had not been brought to trial […]

621 A.2d 290 C. MICHAEL BUDLONG v. JAMES H. NADEAU Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 30 Conn. App. 61 [AC 10612], is denied. James H. Nadeau, pro se, in support of the petition. Kathleen A. Murrett, in opposition. Decided February 24, 1993 Page 910

421 A.2d 563 STATE OF CONNECTICUT v. SALVATORE VERDIROME FILE NO. 847Appellate Session of the Superior Court Convicted of operating a motor vehicle while his driver’s license was under suspension in violation of statute (14-215), the defendant appealed. He claimed that because there was no proof that he received actual notice of the suspension his […]

ALECIA EMRICH v. MICHAEL EMRICH 15 A.3d 1104 (AC 31636)Appellate Court of Connecticut Lavine, Beach and Lavery, Js. Syllabus The defendant, whose marriage to the plaintiff had been dissolved, appealed to this court from the judgment of the trial court granting the plaintiff’s motion to modify visitation and for an order permitting the plaintiff to […]

191 A.2d 253 STATE OF CONNECTICUT v. RICHARD COLLINS Supreme Court of Connecticut BALDWIN, C.J., KING, MURPHY, SHEA and ALCORN, Js. The bag which the defendant was carrying when he was accosted by the police was a portable personal effect in the immediate possession of the defendant. The search of the bag, therefore, amounted to […]

332 A.2d 106 JOHN O. ASTARITA v. LIQUOR CONTROL COMMISSION ET AL. Supreme Court of Connecticut HOUSE, C.J., SHAPIRO, LOISELLE, MACDONALD and BOGDANSKI, Js. When a party has a statutory right of appeal from the decision of an administrative officer or agency, he may not, instead of appealing, bring an independent action to test the […]

614 A.2d 493 LEON W. HAYES v. THOMAS BOYD (10690)Appellate Court of Connecticut O’CONNELL, LANDAU and HEIMAN, Js. Submitted on briefs September 14, 1992 Decision released October 6, 1992 Action to recover damages for, inter alia, breach of a construction contract, brought to the Superior Court in the judicial district of New London at Norwich, […]

759 A.2d 1056 YVONNE CLOUTIER v. LIBERTY MUTUAL INSURANCE COMPANY (AC 18918)Appellate Court of Connecticut Landau, Spear and Hennessy, Js. Argued September 13 Officially released October 24, 2000 Plaintiff’s appeal from the Superior Court in the judicial district of Fairfield, Gormley, J.; Mottolese, J. Per Curiam. The judgment is affirmed.

769 A.2d 34 THE MOHEGAN TRIBE OF INDIANS OF CONNECTICUT v. THE MOHEGAN TRIBE AND NATION, INC., ET AL. (SC 16166)Supreme Court of Connecticut McDONALD, C.J., and PALMER, SULLIVAN, CALLAHAN and LANGENBACH, Js.[*] [*] The listing of justices reflects their senority status on this court as of the date of argument. Although Chief Justice McDonald […]

IN RE DYLAN C.[*] 10 A.3d 100 (AC 32309)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 […]

GLENN GORELICK ET AL. v. EMILY MONTANARO ET AL. MICHAEL MONTANARO v. GLENN GORELICK, TRUSTEE, ET AL 990 A.2d 371 (AC 30055) (AC 30056)Appellate Court of Connecticut Beach, Alvord and Pellegrino, Js. Syllabus The plaintiffs in the first case, G and D, as trustees for their minor children, sought, inter alia, to recover damages from […]

968 A.2d 416 GERALDINE D. LYON v. VIRGINIA JONES ET AL (SC 18096)Supreme Court of Connecticut Norcott, Katz, Palmer, Zarella and Schaller, Js. Syllabus The plaintiff sought to recover, pursuant to statutes (§§ 46a-60 [a] [1] and 46a-70 [a]), damages from the defendants, the office of the attorney general and two of its employees, for […]

614 A.2d 589 OLD STONE BANK v. BARBARA ANN MURRAY ET AL. (10886)Appellate Court of Connecticut FOTI, LAVERY and FREEDMAN, Js. Argued December 8, 1992 Decision released January 5, 1993 Action to foreclose a mortgage on certain real property, brought to the Superior Court in the judicial district of Fairfield and tried to the court, […]

3 A.2d 306 THOMAS ORSI v. JAMES ORSI ET AL. Supreme Court of Connecticut MALTBIE, C. J., HINMAN, AVERY, BROWN and JENNINGS, Js. The principle that he who comes into equity must come with clean hands only applies to the particular transaction under consideration, for the court will not go outside the case for the […]

565 A.2d 541 STATE OF CONNECTICUT v. ANTHONY HAWKINS Supreme Court of Connecticut The state of Connecticut’s petition for certification for appeal from the Appellate Court, 19 Conn. App. 609, is denied. Jacqueline J. Footman, deputy assistant state’s attorney, in support of the petition. Christopher M. Cosgrove, assistant public defender, in opposition. Decided October 12, […]

138 A.2d 523 JOSEPH KISKA v. CHARLES SKRENSKY ET AL. Supreme Court of Connecticut WYNNE, C. J., BALDWIN, DALY, KING and MURPHY, Js. While there is a definite and harmonious relationship between zoning and planning, they are different. Zoning is concerned with the use of property, planning with promoting the co-ordinated development of the municipality […]

23 A.3d 728 STATE OF CONNECTICUT v. GARY ROGERS. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 128 Conn. App. 765 (AC 31895), is denied. Norman Pattis, in support of the petition. Rita M. Shair, senior assistant state’s attorney, in opposition. Decided July 6, 2011 Page 936

722 A.2d 1205 GENERAL MOTORS CORPORATION v. EUGENE DOHMANN (SC 15935)Supreme Court of Connecticut Callahan, C.J., and Borden, Berdon, Norcott and Katz, Js. SYLLABUS The plaintiff motor vehicle manufacturer sought to vacate an arbitration award in favor of the defendant issued pursuant to the state motor vehicle “lemon law” (§§ 42-179 through 42-186). The defendant […]

563 A.2d 745 STATE OF CONNECTICUT v. ANTHONY HAWKINS (7207)Appellate Court of Connecticut BORDEN, DALY and NORCOTT, Js. By statute 53-19[c][1]), a person is not justified in using force to defend himself or a third person when, with intent to cause physical injury or death to another person, he provokes the use of physical force […]

618 A.2d 579 STATE OF CONNECTICUT v. RICHARD BARLOW (10944)Appellate Court of Connecticut DUPONT, C.J., HEIMAN and SCHALLER, Js. Convicted of operating a motor vehicle while under the influence of intoxicating liquor, the defendant appealed to this court claiming, inter alia, that the trial court improperly denied his motion in limine to preclude litigation of […]

626 A.2d 1326 JOHN COLUCCI v. PJR’S, INC., ET AL. (11485)Appellate Court of Connecticut DUPONT, C.J., O’CONNELL and LANDAU, Js. The plaintiff sought damages from the defendant cafe, the defendant cafe owner and the defendant permittee for injuries he sustained when he was struck by a car driven by an intoxicated cafe customer who crashed […]

651 A.2d 1353 BRADLEY H. B. HONAN ET AL. v. MILTON BURTON ET AL. (13017)Appellate Court of Connecticut LANDAU, HEIMAN and SPEAR, Js. Argued December 12, 1994 Decision released January 3, 1995 Action to recover damages for, inter alia, intentional infliction of emotional distress, and for other relief, brought to the Superior Court in the […]

796 A.2d 1164 AVALONBAY COMMUNITIES, INC. v. PLAN AND ZONING COMMISSION OF THE TOWN OF ORANGE (SC 16619)Supreme Court of Connecticut Sullivan, C.J., and Borden, Katz, Palmer and Zarella, Js. Syllabus The plaintiff, which had successfully appealed from the defendant plan and zoning commission’s denial of its application for approval to construct affordable housing on […]

20 A.2d 407 PERCIVAL R. LOWE v. JEROME H. KOHN ET ALS. Supreme Court of Connecticut MALTBIE, C. J., AVERY, BROWN, JENNINGS and ELLS, Js. Representations to be actionable as fraudulent must be statements of fact which are known to be untrue or made without belief in their truth or recklessly; they must be made […]

578 A.2d 150 CITY OF BRIDGEPORT v. ALLAN C. DEBEK, ADMINISTRATOR (ESTATE OF ANTHONY DEBEK), ET AL. (8189)Appellate Court of Connecticut DUPONT, C.J., DALY and O’CONNELL, Js. The defendant trustee appealed to this court from the trial court’s denial of her motion to dismiss the action by the plaintiff city of Bridgeport to foreclose certain […]

541 A.2d 115 STATE OF CONNECTICUT v. ENRIQUE C. GONZALEZ (5807)Appellate Court of Connecticut SPALLONE, BIELUCH and STOUGHTON, Js. Convicted of the crime of operating a motor vehicle while under the influence of intoxicating liquor, the defendant appealed claiming that the trial court erred in denying his request to charge the jury on the lesser […]