SLOAN v. KUBITSKY, 248 Conn. 670 (1999)

728 A.2d 1095

KENNETH SLOAN ET AL. v. MATTHEW F. KUBITSKY ET AL.

(SC 15999)Supreme Court of Connecticut

Callahan, C.J., and Norcott, Katz, Palmer and Peters, Js.

Argued March 16

Officially released May 18, 1999

Procedural History
Action to recover moneys paid by the plaintiffs pursuant to their guarantee of a promissory note, and for other relief, brought to the Superior Court in the judicial district of New Haven, where the named defendant filed a cross complaint against the defendant Edward J. Winter et al.; thereafter, the action was withdrawn as against the named defendant et al., and a default for failure to appear was entered against the defendant Atlease, Inc.; subsequently, the court, Hon. Harold Mulvey, judge trial referee, exercising the powers of the Superior Court, rendered a partial judgment for the plaintiffs

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against the defendant Atlease, Inc.; thereafter, the matter was tried to the court, Blue, J.; judgment for the plaintiffs against the defendant Edward J. Winter on their complaint and for the named defendant in part on his cross complaint against the defendant Edward J. Winter, from which the defendant Edward J. Winter appealed and the plaintiffs and the named defendant cross appealed to the Appellate Court Landau and Spear, Js., with Lavery, J., dissenting, which affirmed the trial court’s judgment against the defendant Edward J. Winter on the plaintiffs’ complaint and in part on the named defendant’s cross complaint, reversed the judgment with regard to the denial of attorney’s fees to the plaintiffs and the named defendant, and remanded the case for further proceedings, from which the defendant Edward J. Winter, on the granting of certification, appealed to this court. Appeal dismissed.

Lars Edeen, Jr., with whom was Steven P. Ciardiello, for the appellant (defendant Edward J. Winter).

John H. Hanks, for the appellees (plaintiffs).

Frank R. Grundman, for the appellee (named defendant).

Opinion
PER CURIAM.

After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was granted improvidently.[1]

The appeal is dismissed.

[1] We granted the petition of the defendant Edward J. Winter for certification to appeal from the judgment of the Appellate Court; Sloan v. Kubitsky, 48 Conn. App. 835, 712 A.2d 966 (1998); limited to the following issue: “Whether the Appellate Court properly affirmed the trial court’s decision precluding the guarantor from asserting the defense of recoupment.” Sloan v. Kubitsky, 247 Conn. 901, 719 A.2d 904 (1998).

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