Category: Connecticut Appellate & Supreme Courts Opinions

731 A.2d 307 CITICORP MORTGAGE, INC. v. RICHARD M. TARRO ET AL. Supreme Court of Connecticut The defendants Richard M. Tarro and Kathleen Tarro’s petition for certification for appeal from the Appellate Court (AC 18485) is denied. BERDON and PALMER, Js., did not participate in the consideration or decision of this petition. Max F. Brunswick, […]

616 A.2d 814 CONNECTICUT NATIONAL BANK v. ROBERT ZUCKERMAN ET AL. (10906)Appellate Court of Connecticut DUPONT, C.J., LANDAU and HEIMAN, Js. The defendant property owners, R and K, appealed to this court from the trial court’s denial of their motion to open a judgment of strict foreclosure of a mortgage on certain of their real […]

23 A.3d 68 CLEAVEN A. JOHNSON, JR. v. BOARD OF EDUCATION OF THE CITY OF NEW HAVEN ET AL (AC 31239)Appellate Court of Connecticut Gruendel, Lavine and Dupont, Js. Syllabus The plaintiff, who had worked for the defendant board of education of the city of New Haven under a federal grant as an in-school drug […]

415 A.2d 1063 ROBERT BURNHAM v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT, ET AL. Supreme Court of Connecticut The named defendant’s petition for certification for appeal from the Superior Court in the judicial district of Hartford-New Britain at Hartford is granted by the court. Donald E. Wasik, assistant attorney general, in support of the petition. Decided June […]

492 A.2d 1239 ELLI STIGERS v. BARRY D. STIGERS Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court is denied. Ronald D. Japha, in support of the petition. David S. Rutkin, in opposition. Decided April 18, 1985

748 A.2d 384 STATE OF CONNECTICUT v. EMILIANO PEREZ (AC 18824)Appellate Court of Connecticut O’Connell, C.J., and Landau and Hennessy, Js.[1] [1] The listing of judges reflects their seniority status on this court as of the date of oral argument. Syllabus Convicted, on a plea of guilty, of the crimes of possession of cocaine with […]

386 A.2d 260 STATE OF CONNECTICUT v. DAVID CUTLER Supreme Court of Connecticut The defendant’s “Motion for Supervision Under Section 692 of the Connecticut Practice Book” in the appeal from the Superior Court in Fairfield County is denied by the court. T. Stevens Bliss, in support of the motion. Submitted January 27, 1978 Decided April […]

686 A.2d 1003 EASTERN METAL PRODUCTS, INC. v. BRIAN DEPERRY ET AL. (15432)Appellate Court of Connecticut O’Connell, Landau and Daly, Js. The plaintiff, who had supplied materials to a contractor hired by the defendant tenant to construct improvements on premises leased by the tenant, sought damages for unjust enrichment. Without an evidentiary hearing, the trial […]

974 A.2d 65 TIMOTHY TOWNSEND, JR. v. MARK HOGAN ET AL (AC 29703)Appellate Court of Connecticut Lavine, Beach and Dupont, Js. Syllabus The plaintiff, who was incarcerated at a correctional facility and had been involved in an altercation with another inmate and staff, appealed to the trial court from the disciplinary hearing decision of the […]

784 A.2d 367 STATE OF CONNECTICUT v. JOSE PRAT (AC 19492)Appellate Court of Connecticut Spear, Mihalakos and Shea, Js. Syllabus Convicted of the crimes of assault in the first degree and carrying a dangerous instrument in connection with an incident in which he allegedly caused serious injury by striking the victim with a baseball bat, […]

847 A.2d 311 PAUL W. ORVIS, JR. v. DIANNE LESEBERG ET AL. Supreme Court of Connecticut The named defendant’s petition for certification for appeal from the Appellate Court (AC 24424) is denied. Dianne Leseberg, pro se, in support of the petition. Decided March 24, 2004

853 A.2d 519 EMIL D. ANGHEL v. COMMISSIONER OF SOCIAL SERVICES. Supreme Court of Connecticut. The plaintiff’s petition for certification for appeal from the Appellate Court (AC 25079) is dismissed. Emil D. Anghel, pro se, in support of the petition. Elizabeth A. O’Dea, assistant attorney general, in opposition. Decided June 16, 2004.

60 A.2d 658 FLORENCE STITHAM v. CHARLES LeWARE Supreme Court of Connecticut MALTBIE, C. J., BROWN, JENNINGS, ELLS AND DICKENSON, Js. The defendant’s car collided with that of the plaintiff at the intersection of a public highway and a private driveway from which the plaintiff was attempting to back out. The plaintiff testified that her […]

419 A.2d 349 CITY OF NEW HAVEN ET AL. v. TOWN OF EAST HAVEN ET AL. Supreme Court of Connecticut COTTER, C.J., LOISELLE, BOGDANSKI, LONGO and PETERS, Js. Argued May 4, 1979 Decision released June 12, 1979 Actions for an injunction restraining the defendants from condemning certain property, brought to the Superior Court in New […]

684 A.2d 709 LESLIE SRAGER ET AL. v. KENNETH KOENIG Supreme Court of Connecticut The petition of attorney John Timbers for certification for appeal from the Appellate Court, 42 Conn. App. 617 (AC 14859), is denied. John Timbers, in support of the petition. Marni Smith Katz, in opposition. Decided October 29, 1996

725 A.2d 987 SMITH BROOK FARMS, INC. v. JOSEPH WALL ET AL. (AC 17346)Appellate Court of Connecticut Foti, Lavery and Daly, Js. Argued December 1, 1998 Officially released February 23, 1999 Procedural History Action for, inter alia, a judgment declaring an easement by prescription over certain of the named defendant’s real property, brought to the […]

771 A.2d 160 IN RE ASHLEY E.[*] (AC 20803)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 only to […]

57 A.2d 723 PETER SCHIAVO vs. GERALD COZZOLINO ET AL. Supreme Court of Connecticut MALTBIE, C. J., BROWN, JENNINGS, DICKENSON and INGLIS, Js. Although a trial court is given wide latitude in its discussion of the evidence in the charge, it is nevertheless error to make incorrect statements of the evidence to such an extent […]

STATE OF CONNECTICUT v. PAUL OVECHKA. 915 A.2d 926 No. (AC 26077).Appellate Court of Connecticut Bishop, Rogers and Hennessy, Js. Syllabus Convicted of the crime of assault in the second degree, the defendant appealed to this court. The defendant’s conviction stemmed from a dispute with his neighbor, R, in which the defendant allegedly sprayed R […]

452 A.2d 943 JAMES SIGROS ET AL. v. HYGENIC RESTAURANT, INC. FILE No. 1216Appellate Session of the Superior Court The plaintiff landlords sought, by way of summary process, to recover possession of certain premises they had leased to the defendant tenant. They claimed that the lease had terminated as a result of violations by the […]

840 A.2d 1174 STATE OF CONNECTICUT v. LUIS FERNANDO LOPEZ Supreme Court of Connecticut The petition by the state of Connecticut for certification for appeal from the Appellate Court, 80 Conn. App. 386 (AC 22637), is granted, limited to the following issue: “Did the Appellate Court properly conclude that the trial court’s inquiry into a […]

581 A.2d 1056 JOHN M. PHILLIPS v. WARDEN, STATE PRISON Supreme Court of Connecticut The petitioner John M. Phillips’ petition for certification for appeal from the Appellate Court, 23 Conn. App. 63, is granted, limited to the following issues: “1. Was the petitioner’s constitutional right to the undivided loyalty of counsel violated where his attorney, […]

577 A.2d 1099 VERONICA RILEY v. CITY OF BRIDGEPORT (7681)Appellate Court of Connecticut FOTI, CRETELLA and LANDAU, Js. The plaintiff, an accounting clerk who had been hired on a provisional basis by the defendant city of Bridgeport, sought a writ of mandamus to compel the city to place her on the permanent civil service roster […]

950 A.2d 1247 JEANNE RIVERS v. CITY OF NEW BRITAIN ET AL. (SC 17863)Supreme Court of Connecticut Katz, Palmer, Vertefeuille, Zarella and Schaller, Js. Syllabus Pursuant to statute (§ 7-163a), a municipality may adopt an ordinance that shifts to the owner of land abutting a public sidewalk both the duty of care and liability with […]

365 A.2d 634 STATE OF CONNECTICUT v. KENDALL J. RICHMOND Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Session of the Superior Court is denied. Alphonse DiBenedetto, public defender, in support of the petition. Robert E. Beach, Jr., assistant state’s attorney, in opposition. Submitted October 21, 1976 Decided November […]

628 A.2d 983 ALLSTATE INSURANCE COMPANY v. ELIZABETH HERSEY HOWE Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 31 Conn. App. 132 (AC 11311), is denied. Terence A. Zemetis, in support of the petition. Edward Czepiga II, in opposition. Decided June 17, 1993

122 A.2d 312 C. STEVE VANGOR v. JOHN PALMIERI Supreme Court of Connecticut INGLIS, C.J., BALDWIN, O’SULLIVAN, WYNNE and DALY, Js. The trial court found on conflicting testimony that the plaintiff’s offer of $8000 was for a piece of land which included a certain triangular strip and that the defendant refused to include the strip […]

600 A.2d 335 ANNA L. SMITH v. RICHARD F. SMITH (10222)Appellate Court of Connecticut DUPONT, C.J., NORCOTT and FOTI, Js. Argued December 13, 1991 Decision released January 7, 1992 Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford and […]

183 A.2d 268 CARL BAKER ET AL. v. THOMAS F. KERRIGAN ET AL. Supreme Court of Connecticut BALDWIN, C.J., KING, MURPHY, SHEA and ALCORN, Js. The determination by the legislative body of the town of Darien — the so-called R.T.M. — that the town should proceed to acquire the S-K site for a new school, […]

573 A.2d 320 WALTER GOLEMBESKI ET AL. v. METICHEWAN GRANGE No. 190 ET AL. Supreme Court of Connecticut The plaintiffs’ petition for certification for appeal from the Appellate Court, 20 Conn. App. 699, is denied. James K. Smith, in support of the petition. Anthony M. Fitzgerald, in Opposition. Decided March 28, 1990

677 A.2d 1375 COUNTRYWIDE FUNDING CORPORATION v. ISAAC L. SMITH ET AL. Supreme Court of Connecticut The petition by the defendant Donna L. Wright for certification for appeal from the Appellate Court, 41 Conn. App. 905 (AC 15325), is denied. Donna L. Wright, pro se, in support of the petition. Decided July 8, 1996

823 A.2d 1218 THOMAS SMITH v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petitioner Thomas Smith’s petition for certification for appeal from the Appellate Court, 76 Conn. App. 905 (AC 23352), is denied. James M. Fox, special public defender, in support of the petition. Gerard P. Eisenman, senior assistant state’s attorney, in opposition. Decided […]

785 A.2d 1148 FIRST NATIONAL BANK OF CHICAGO v. PETER LUECKEN ET AL. (AC 21696)Appellate Court of Connecticut Foti, Landau and Schaller, Js. Syllabus By statute (§ 49-15), a judgment of strict foreclosure shall not be opened after title has become absolute in any encumbrancer. The plaintiff bank filed a motion to dismiss the appeal […]

703 A.2d 759 WILLIAM TAFF v. JAYMA BETTCHER (SC 15683)Supreme Court of Connecticut Callahan, C.J., and Borden, Berdon, Norcott and Katz, Js. Syllabus The defendant mother appealed to the Appellate Court from an order of the trial court that, among other things, precluded her and the plaintiff father of the parties’ minor child, who were […]

500 A.2d 1330 STATE OF CONNECTICUT v. GERALD GONZALEZ (11068)Supreme Court of Connecticut HEALEY, SHEA, DANNEHY, SANTANIELLO and CALLAHAN, Js. Convicted, following a jury trial, of the crime of robbery in the second degree, the defendant, who had presented an alibi defense at trial, appealed. He claimed that the state’s attorney, during closing argument to […]

879 A.2d 477 TODD SPEAR v. COMMISSIONER OF MOTOR VEHICLES. No. (AC 25972).Appellate Court of Connecticut Schaller, Bishop and Gruendel, Js. Syllabus The plaintiff appealed to the trial court from the decision of the defendant commissioner of motor vehicles suspending his license to operate a motor vehicle for three years pursuant to the statute (§ […]

145 A.2d 750 THE INTERNATIONAL TOOL AND GAUGE COMPANY, INC. v. IRENE B. BORG, EXECUTRIX (ESTATE OF RALPH K. BORG) Supreme Court of Connecticut DALY, C. J., BALDWIN, KING, MURPHY and MELLITZ, Js. A written notice of disallowance of a claim against a decedent’s estate, if it is to bring into operation the four-month limitation […]

200 A.2d 468 STANLEY C. CLARK, EXECUTOR (ESTATE OF ELIZABETH E. PLAYFORD) v. THE PORTLAND BURYING GROUND ASSOCIATION ET AL. Supreme Court of Connecticut KING, C.J., MURPHY, SHEA, ALCORN and COMLEY, Js. A statute enacted in 1885 to save gifts for the upkeep of private cemetery lots from invalidity under the rule against perpetuities provided, […]

368 A.2d 172 STEVE KATSETOS, ADMINISTRATOR (ESTATE OF FREDA KATSETOS) v. JOHN J. NOLAN ET AL. Supreme Court of Connecticut HOUSE, C.J., LOISELLE, BOGDANSKI, LONGO and BARBER, Js. The plaintiff administrator brought a wrongful death action against three physicians and the hospital involved in the treatment of his decedent, who had entered the hospital for […]

497 A.2d 390 STATE OF CONNECTICUT v. JOSE LOPEZ (12274)Supreme Court of Connecticut PETERS, C.J., HEALEY, SHEA, SANTANIELLO and CALLAHAN, Js. The defendant, who had pleaded guilty to the crime of murder (53a-54a), appealed alter his motion to withdraw that plea was denied and alter he was sentenced to twenty-five years imprisonment, the minimum term […]

439 A.2d 428 CLARA L. HOYT, ADMINISTRATRIX (ESTATE OF WILLIAM J. HOYT) v. SECOND TAXING DISTRICT OF THE CITY OF NORWALK ET AL. Supreme Court of Connecticut BOGDANSKI, C.J., PETERS, PARSKEY, ARMENTANO and DALY, Js. Argued March 4, 1981 Decision released April 14, 1981 Action to recover damages for death arising out of contact with […]

608 A.2d 672 SCOTT GARDINER v. CONSERVATION COMMISSION OF THE TOWN OF WATERFORD ET AL. ROBERT FROMER v. REYNOLDS METALS DEVELOPMENT COMPANY ET AL. (14387) (14396)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, COVELLO and BERDON, Js. The plaintiffs, G and F, appealed separately to the trial court from a decision by the conservation commission […]

812 A.2d 869 TODD BOLMER v. CHRISTOPHER McKULSKY ET AL. (AC 22435).Appellate Court of Connecticut Lavery, C.J., and Bishop and Dupont, Js. Syllabus The plaintiff sought to recover for personal injuries he sustained in a motor vehicle accident that allegedly was caused by the negligence of the defendant C. At the close of the plaintiff’s […]

588 A.2d 214 STATE OF CONNECTICUT v. ERIC ANTHONY (8969)Appellate Court of Connecticut DUPONT, C.J., O’CONNELL and LANDAU, Js. The defendant, who had been charged with the crimes of criminal trespass and interfering with an officer in connection with a demonstration at an abortion clinic, was convicted, under a substitute information, of the infractions of […]

763 A.2d 1036 DONNA L. KROLL ET AL. v. KENNETH W. STEERE Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 60 Conn. App. 376 (AC 19276), is denied. VERTEFEUILLE, J., did not participate in the consideration or decision of this petition. Page 910 Ralph J. Monaco, in support […]

785 A.2d 231 STATE OF CONNECTICUT v. BRENT McCALL Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 62 Conn. App. 161 (AC 18073), is denied. NORCOTT and VERTEFEUILLE, Js., did not participate in the consideration or decision of this petition. Michael T. Wade, in support of the petition. […]

559 A.2d 1138 RONNIE BRAUN v. HERBERT R. EDELSTEIN Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 17 Conn. App. 658, is denied. James M. S. Ullman, in support of the petition. Decided April 20, 1989

230 A.2d 26 THE DERBY SAVINGS BANK v. CHESTER KURKOWSKI ET AL. Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. On February 5, 1965, the plaintiff obtained a judgment of foreclosure of a mortgage on real estate standing in the names of F and H. On March 29, 1965, and prior […]

78 A.2d 739 SOPHIA SUDOL v. TOWN OF MANCHESTER Supreme Court of Connecticut BROWN, C.J., JENNINGS, BALDWIN, INGLIS and O’SULLIVAN, Js. S died from injuries arising out of and in the course of his employment by the defendant. His widow and a daughter of seventeen, both of whom were found to have been totally dependent […]

216 A.2d 632 STATE OF CONNECTICUT v. ANASTASIA SIMMONS Supreme Court of Connecticut KING, C.J., MURPHY, ALCORN, SHANNON and HOUSE, Js. The decision of the state aeronautics commission, which had statutory right (see 15-79) of eminent domain, as to the necessity for the taking of the defendant’s property for the purpose of the expansion and […]

613 A.2d 731 STATE OF CONNECTICUT v. MOISES AVILA (14252)Supreme Court of Connecticut PETERS, C. J., CALLAHAN, GLASS, COVELLO and BERDON, Js. Convicted of the crime of robbery in the first degree as an accessory in connection with his having driven the principals to and from the scene of the crime, the defendant appealed to […]

449 A.2d 1053 CHARLES ZIMMER v. TOWN OF ESSEX FILE No. 1230Appellate Session of the Superior Court The plaintiff, a constable for the town of Essex which, at the time of his employment, did not have an organized police department, sought compensation under the statute (7-433c) which provides benefits to policemen and firemen who are […]

394 A.2d 723 JOHN JONES v. WARDEN, COMMUNITY CORRECTIONAL CENTER, NEW HAVEN Supreme Court of Connecticut HOUSE, C.J., LOISELLE, BOGDANSKI, LONGO and SPEZIALE, Js. The plaintiff sought a writ of habeas corpus on the ground that a bond which had been posted for him following his arrest on a narcotics charge had been revoked. The […]

614 A.2d 183 STATE OF CONNECTICUT v. ROGER D. CAWTHRA (10596)Appellate Court of Connecticut DUPONT, C.J., DALY and FOTI, Js. Argued December 2, 1992 Decision released December 22, 1992 Substitute information charging the defendant with the crimes of criminal mischief in the first degree, reckless endangerment in the first degree and unlawful discharge of a […]

679 A.2d 925 RELIANCE INSURANCE COMPANY v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA (15396)Supreme Court of Connecticut Peters, C.J., and Callahan, Borden, Berdon, Norcott, Katz and Palmer, Js. The plaintiff insurer sought to recover from the defendant insurer uninsured motorist benefits the plaintiff had paid to its insured for injuries she sustained in a motor […]

734 A.2d 570 STATE OF CONNECTICUT v. JOHN BOWMAN, JR. (AC 17922)Appellate Court of Connecticut O’Connell, C.J., and Sullivan and Spallone, Js. Argued March 22, 1999 Officially released June 8, 1999 Procedural History Substitute information charging the defendant with two counts of the crime of manslaughter in the first degree with a firearm as an […]

648 A.2d 897 ERIK NIELSEN ET AL. v. JOHN ROONEY ET AL. (12809)Appellate Court of Connecticut FOTI, LANDAU and HENNESSY, Js. Argued September 26, 1994 Decision released October 11, 1994 Action to recover damages for breach of a contract for the sale of certain real property, brought to the Superior Court in the judicial district […]

526 A.2d 1350 PETER LUZZI v. RONALD CASSIDENTO ET AL. (4372)Appellate Court of Connecticut DUPONT, C. J., HULL and SPALLONE, Js. Argued June 3, 1987 Decision released June 8, 1987 Action to foreclose a mortgage on certain real property owned by the named defendant, and for other relief, brought to the Superior Court in the […]

124 A.2d 881 THE CALVE BROTHERS COMPANY v. CITY OF NORWALK Supreme Court of Connecticut BALDWIN, O’SULLIVAN, WYNNE, DALY and COMLEY, Js. A regulation, under the police power, for the use of property must have a reasonable relation to the public health, safety and welfare, and must operate in a manner which is not arbitrary, […]

776 A.2d 477 JUDITH RUTLEDGE v. STATE OF CONNECTICUT, DEPARTMENT OF PUBLIC SAFETY (AC 19789)Appellate Court of Connecticut Spear, Mihalakos and Freedman, Js. Syllabus The plaintiff dependent widow appealed to this court, challenging the formula used by the workers’ compensation review board to calculate cost of living adjustments to her survivors’ benefits. The plaintiff’s husband […]

822 A.2d 375 STATE OF CONNECTICUT v. RAFAEL MARTINEZ (AC 22510)Appellate Court of Connecticut Dranginis, Bishop and West, Js. Argued May 5 Officially released May 20, 2003 Defendant’s appeal from the Superior Court in the judicial district of New Britain, geographical area number fifteen, Schuman, J. Per Curiam. The judgment is affirmed. Page 909

782 A.2d 1252 SOUTHERN NEW ENGLAND TELEPHONE COMPANY v. DEPARTMENT OF PUBLIC UTILITY CONTROL Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 64 Conn. App. 134 (AC 21212), is granted, limited to the following issue: “Did the Appellate Court properly conclude that the trial court properly dismissed the […]

762 A.2d 900 ALISTAIR GEMMELL ET AL. v. DENNIS LEE ET AL. Supreme Court of Connecticut The petition by the defendants Thomas O’Donnell, Susan O’Donnell, Dennis Lee, Valerie Lee, Robert Lehet and Roberta Lehet for certification for appeal from the Appellate Court, 59 Conn. App. 572 (AC 19616), is denied. NORCOTT, J., did not participate […]

582 A.2d 760 JAMES S. ERISOTY’S APPEAL FROM PROBATE (14002)Supreme Court of Connecticut PETERS, C.J., SHEA, GLASS, HULL and BORDEN, Js. The plaintiff, the presumed father of R, appealed to the Superior Court from an order of the Probate Court requiring him to submit to blood grouping tests in a paternity action brought by H, […]

772 A.2d 597 STATE OF CONNECTICUT v. KUBA ASSEGAI Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 61 Conn. App. 906 (AC 19105), is denied. VERTEFEUILLE, J., did not participate in the consideration or decision of this petition. Kuba Assegai, pro se, in support of the petition. Mitchell […]

936 A.2d 723 MARK LINGENHELD v. DESJARDINS WOODWORKING, INC (AC 27608)Appellate Court of Connecticut Flynn, C. J., and Gruendel and Berdon, Js. Syllabus The plaintiff subcontractor, who had been hired by the defendant woodworking company to assist with cabinet installation, sought to recover damages from the defendant for personal injuries he sustained as a result […]

662 A.2d 137 BARBARA OAKLEY v. CONNECTICUT COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES (12900)Appellate Court of Connecticut DUPONT, C.J., and HEIMAN and HENNESSY, Js. The defendant commission on human rights and opportunities appealed to this court from the trial court’s granting of the plaintiff’s motion for attorney’s fees pursuant to the statute (§ 4-184a) that […]

172 A.2d 897 PHILIP J. SHEEHAN ET AL. v. DAVID ALTSCHULER ET AL. Supreme Court of Connecticut KING, MURPHY, SHEA, TROLAND and ROBERTS, Js. When an ordinance and a statute dealing with the same subject conflict, the statute prevails. The statute (8-128) under which the legislative body of the town of West Haven acted to […]

648 A.2d 896 IRA B. GRUDBERG v. GEORGE C. LEINING ET AL. (13278)Appellate Court of Connecticut FOTI, LANDAU and HENNESSY, Js. Argued September 26, 1994 Decision released October 11, 1994 Action to foreclose a mortgage on certain real property, brought to the Superior Court in the judicial district Page 910 of New Haven, where the […]

257 A.2d 814 FRANK E. STRIMISKA v. JOSEPH F. YATES ET AL. Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. Only material variances, those which disclose a departure from the allegations in the pleadings in some matter essential to the charge or claim, warrant the reversal of a judgment. The plaintiff […]

968 A.2d 1002 CHRISTOPHER B. KENNEDY v. LEANNA L. KENNEDY. (AC 29059)Appellate Court of Connecticut DiPentima, Beach and Peters, Js. Syllabus The plaintiff, whose marriage to the defendant had been dissolved, appealed to this court challenging orders of the trial court granting the defendant’s motion for contempt and modifying visitation. The plaintiff had been found […]

533 A.2d 1221 MORRIS EPSTEIN v. GENEVIEVE CARRIER ET AL. (5861)Appellate Court of Connecticut SPALLONE, DALY and STOUGHTON, Js. The plaintiff, who had entered into a contract to purchase certain real property from the named defendant, C, sought, inter alia, to compel C and her defendant daughter, B, to convey that property to him. B, […]

674 A.2d 1331 SOUTHERN NEW ENGLAND TELEVISION SERVICE COMPANY, INC., ET AL. v. HARTFORD FIRE INSURANCE COMPANY Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 40 Conn. App. 930 (AC 13982), is denied. Benjamin Ancona, Jr., in support of the petition. Stuart G. Blackburn, in opposition. Decided April […]

809 A.2d 546 STATE OF CONNECTICUT v. STAFFORD BROWN. (AC 21051).Appellate Court of Connecticut. Foti, Schaller and West, Js. Syllabus Convicted of the crime of robbery in the first degree in connection with the robbery of a gasoline station and convenience store, the defendant appealed to this court, claiming for the first time on appeal […]

761 A.2d 757 STATE OF CONNECTICUT v. JEFFREY R. WIENER Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 58 Conn. App. 203 (AC 17213), is granted, limited to the following issues: “1. Did the Appellate Court properly conclude that the trial court’s granting of the complainant’s motion to […]

BUDDINGTON PARK CONDOMINIUM ASSOCIATION ET AL. v. PLANNING AND ZONING COMMISSION OF THE CITY OF SHELTON ET AL. 9 A.3d 426 (AC 31525)Appellate Court of Connecticut DiPentima, C. J., and Lavine and Flynn, Js. Syllabus The plaintiffs appealed to the trial court from the decision of the defendant planning and zoning commission of the city […]

28 A.3d 338 LESLIE MILLIUN v. NEW MILFORD HOSPITAL ET AL. Supreme Court of Connecticut The named defendant’s petition for certification for appeal from the Appellate Court, 129 Conn. App. 81 (AC 30875), is granted, limited to the following issue: “Did the Appellate Court properly conclude that the trial court abused its discretion in its […]