Connecticut Cases ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCommercial Law & ContractsCriminal JusticeEducationEstate Planning & ProbateFamily LawFinance & BankingGovernment BenefitsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsProfessional MalpracticeReal PropertyTort LawWorkers Compensation Mark L. WILLIAMS v. COMMISSIONER OF CORRECTION. , Conn.App., November 17, 2009 Petitioner's appeal from the Superior Court in the judicial district of Tolland, Sckuman, J. GRUENDEL, ALVORD and BORDEN, Js. PER CURIAM. The appeal is dismissed. Ronald STRANO v. COMMISSIONER OF CORRECTION. , Conn.App., November 17, 2009 Petitioner's appeal from the Superior Court in the judicial district of Tolland, Schuman, J. LAVINE, BEACH and McDONALD, Js. PER CURIAM. The appeal is dismissed. STATE of Connecticut v. Victor AYALA. , Conn.App., November 17, 2009 Defendant's appeal from the Superior Court in the judicial district of New Haven, geographical area number seven, Rubinow, J. BISHOP, HARPER and WEST, Js. PER CURIAM. The judgment is affirmed. In re NALANI R. , Conn.App., November 17, 2009 Respondent father's appeal from the Superior Court in the judicial district of Middlesex, Juvenile Matters at Middletown, Esposito, J. HARPER, ROBINSON and STOUGHTON, Js. PER CURIAM. The judgment is affirmed. Matthew ABRAHAM v. COMMISSIONER OF CORRECTION. , Conn.App., November 17, 2009 Petitioner's appeal from the Superior Court in the judicial district of Tolland, Schuman, J. BISHOP, LAVINE and BORDEN, Js. PER CURIAM. The appeal is dismissed. Eric ALVAREZ v. COMMISSIONER OF CORRECTION. , Conn.App., November 17, 2009 Petitioner's appeal from the Superior Court in the judicial district of Tolland, Schuman, J. BEACH, ROBINSON and SCHALLER, Js. PER CURIAM. The appeal is dismissed. Dave Anthony HALL v. COMMISSIONER OF CORRECTION. , Conn.App., November 17, 2009 (Appeal from Superior Court, judicial district of Tolland, A. Santos, J.). Deren Manasevit, special public defender, for the appellant (petitioner). Richard K. Greenalch, Jr., special deputy assistant state's attorney, with whom, on the brief, were Matthew C. Gedansky, state's attorney, and Brenda Hans, deputy assistant state's attorney, for the appellee (respondent). FLYNN, C.J., and HARPER and DUPONT, Js. PER CURIAM. The petitioner, Dave Anthony Hall, appeals following the hab... Kenneth MARSHALL, Jr. v. Brenda J. SAWICKI. , Conn., November 17, 2009 Oliver B. Dickins, for the appellant (substitute defendant). William H. Cashman, for the appellee (plaintiff). ROGERS, C.J., and NORCOTT, KATZ, PALMER, VERTEFEUILLE, ZARELLA and McLACHLAN, Js. PER CURIAM. The plaintiff, Kenneth Marshall, Jr., retained the defendant, Brenda J. Sawicki, [FN1] a business broker, to help him sell his catering business. After the business had been sold to a third party in a transaction under which the plaintiff received no compensation, the plaintiff b... Patricia B. DANEHY v. Benjamin J. DANEHY III. , Conn.App., November 17, 2009 Appeal from Superior Court, judicial district of New Haven, McLachlan, J. [dissolution judgment]; Swienton, J. [motion for modification of alimony, child support]. Mark R. Soboslai, for the appellant (defendant). Susan E. Nugent, for the appellee (plaintiff). GRUENDEL, HARPER and PELLEGRINO, Js. PELLEGRINO, J. The defendant, Benjamin J. Danehy III, appeals from the judgment of the trial court denying his motion for modification of alimony and support. On appeal, the defendant cl... STATE of Connecticut v. Dean B. HOLLIDAY. , Conn.App., November 17, 2009 Appeal from Superior Court, judicial district of New Britain, Wollenberg, J. [judgment after trial]; D'Addabbo, J. [motion to correct an illegal sentence]. Dean B. Holliday, pro se, the appellant (defendant). Lisa A. Riggione, senior assistant state's attorney, with whom, on the brief, were Scott J. Murphy, state's attorney, and Brian Preleski, senior assistant state's attorney, for the appellee (state). GRUENDEL, LAVINE and DUPONT, Js. LAVINE, J. The defendant, Dean B. Hollida... STATE of Connecticut v. Richard FOURTIN. , Conn.App., November 17, 2009 Appeal from Superior Court, judicial district of Fairfield, Rodriguez, J. Robert E. Byron, special public defender, for the appellant (defendant). Susann E. Gill, senior assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, state's attorney, and Cornelius P. Kelly and Timothy J. Sugrue, senior assistant state's attorneys, for the appellee (state). BISHOP, LAVINE and PETERS, Js. PETERS, J. The dispositive issue in this criminal appeal is whether the stat... In re KAITLYN A. [FN*]FN* 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 fo, Conn.App., November 10, 2009 Holdings: The Appellate Court, West, J., held that: (1) trial court did not abuse its discretion in denying mother's request for new counsel; and (2) evidence supported finding that mother failed to attain sufficient rehabilitation to warrant belief that she would be capable within reasonable period of assuming responsible position with respect to child. Affirmed. Appeal from Superior Court, judicial district of Windham, Child Protection Session at Willimantic, Randolph, J. Robert... Jerome HILL v. COMMISSIONER OF CORRECTION. , Conn.App., November 10, 2009 Appeal from Superior Court, judicial district of Tolland, Schuman, J. W. Theodore Koch III, special public defender, with whom, on the brief, was William T. Koch, Jr., special public defender, for the appellant (petitioner). Adam E. Mattei, special deputy assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, former state's attorney, and Gerard P. Eisenman, senior assistant state's attorney, for the appellee (respondent). FLYNN, C.J., and HARPER and HENNESSY, J... STATE of Connecticut v. Brian DAWSON. , Conn.App., November 10, 2009 Appeal from Superior Court, judicial district of New Haven, geographical area number seven, M. Taylor, J. Carlos Candal, special public defender, for the appellant (defendant). Mitchell S. Brody, senior assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Seth R. Garbarsky, assistant state's attorney, for the appellee (state). BISHOP, HARPER and FOTI, Js. BISHOP, J. The defendant, Brian Dawson, appeals from the judgment of convictio... STATE of Connecticut v. Donald G. BEAULIEU. , Conn.App., November 10, 2009 Appeal from Superior Court, judicial district of New Britain, B., Fischer, J. Lisa J. Steele, special public defender, for the appellant (defendant). James A. Killen, senior assistant state's attorney, with whom, on the brief, were John A. Connelly, state's attorney, and Catherine Brannelly Austin, senior assistant state's attorney, for the appellee (state). BISHOP, LAVINE and SCHALLER, Js. LAVINE, J. The defendant, Donald G. Beaulieu, appeals from the judgment of conviction, r... STATE of Connecticut v. Branden HOLLOWAY. , Conn.App., November 10, 2009 Appeal from Superior Court, judicial district of Stamford-Norwalk, geographical area number one, Hon. Martin L. Nigro, judge trial referee. Mark Rademacher, assistant public defender, for the appellant (defendant). Timothy J. Sugrue, senior assistant state's attorney, with whom, on the brief, were David I. Cohen, state's attorney, and Rita M. Shair and Richard Colangelo, senior assistant state's attorneys, for the appellee (state). DIPENTIMA, LAVINE and WEST, JS. WEST, J. The de... STATE of Connecticut v. Lawrence GRANT. , Conn., November 10, 2009 Neal Cone, senior assistant public defender, for the defendant (appellant). Adam E. Mattei, special deputy assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, former state's attorney, and Joseph J. Harry, senior assistant state's attorney, for the state (appellee). ROGERS, C.J., and NORCOTT, KATZ, PALMER and VERTEFEUILLE, Js. PALMER, J. This appeal requires us to decide whether the state may establish that a BB gun is a "firearm" for purposes of General ... Ghassan SALEH v. RIBEIRO TRUCKING, LLC, et al. , Conn.App., November 10, 2009 Appeal from Superior Court, judicial district of Hartford, Hon. Richard M. Rittenband, judge trial referee. Richard C. Mahoney, with whom were Stephanie S. Baier and Allan M. Rothenberg, for the appellant (plaintiff). Michael Feldman, with whom was Kasey Procko Burchman, for the appellees (defendants). BEACH, ROBINSON and HENNESSY, Js. HENNESSY, J. The plaintiff, Ghassan Saleh, appeals from the judgment of the trial court, which set aside the jury verdict and ordered a new tria... Paul CONEY v. COMMISSIONER OF CORRECTION. , Conn.App., November 10, 2009 (Appeal from Superior Court, judicial district of Tolland, Schuman, J.). Mark Diamond, special public defender, for the appellant (petitioner). Jo Anne Sulik, senior assistant state's attorney, with whom, on the brief, were John A. Connelly, state's attorney, and Terence D. Mariani, senior assistant state's attorney, for the appellee (respondent). LAVINE, ALVORD and WEST, Js. ALVORD, J. The petitioner, Paul Coney, [FN1] appeals following the denial of his petition for certificat... Robin CRANDLEMIRE v. COMMISSIONER OF MOTOR VEHICLES. , Conn.App., November 10, 2009 Appeal from Superior Court, judicial district of New Britain, Hon. George Levine, judge trial referee. Drew S. Graham, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellant (defendant). Gregory A. Thompson, for the appellee (plaintiff). GRUENDEL, HARPER and PELLEGRINO, Js. GRUENDEL, J. Pursuant to General Statutes § 4-183, the plaintiff, Robin Crandlemire, commenced an administrative appeal in the Superior Court from th... Evana DINUZZO v. DAN PERKINS CHEVROLET GEO, INC., et al. , Conn., November 10, 2009 Geraldine Ficarra, with whom was Robert J. Nicola, for the appellant (plaintiff). G. Randall Avery, for the appellee (defendants). NORCOTT, KATZ, PALMER, VERTEFEUILLE and ZARELLA, Js. PALMER, J. The sole issue raised by this certified appeal is whether the Appellate Court properly reversed the decision of the compensation review board (board) upholding the decision of the workers' compensation commissioner for the third district (commissioner), who awarded the plaintiff, Evana DiN... Bernadetta KACZYNSKI v. Dariusz KACZYNSKI. , Conn., November 10, 2009 Richard C. Stewart, for the appellant (plaintiff). William F. Gallagher, with whom, on the brief, was Jacqueline F. Barbara, for the appellee (defendant). ROGERS, C.J., and NORCOTT, KATZ, PALMER, VERTEFEUILLE and ZARELLA, Js. ROGERS, C.J. Our resolution of this appeal makes clear that when a trial court opinion is silent as to the standard of proof applied, an appellate court is not the proper forum to first raise a claim that the trial court applied the wrong standard when that c... Radcliffe RAYNOR v. COMMISSIONER OF CORRECTION. , Conn.App., November 3, 2009 Holding: The Appellate Court, Borden, J., held that defendant was not denied effective assistance of counsel. Affirmed. Sarah F. Summons, special public defender, for the appellant (petitioner). Robert J. Scheinblum, senior assistant state's attorney, with whom, on the brief, were Gail P. Hardy, state's attorney, and Erik T. Lohr, former assistant state's attorney, for the appellee (respondent). FLYNN, C.J., and DiPENTIMA and BORDEN, Js. BORDEN, J. The petitioner, Radcliffe R... In re CHRISTOPHER B. [FN*]FN* 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 f, Conn.App., November 3, 2009 Holdings: The Appellate Court, DiPentima, J., held that: (1) evidence supported trial court's finding that the Department of Children and Families had made reasonable efforts to reunify child with his mother; and (2) evidence supported trial court's finding that mother failed to achieve a sufficient degree of personal rehabilitation. Affirmed. Karen Oliver Damboise, for the appellant (respondent mother). Colleen B. Valentine, assistant attorney general, with whom, on the brief, w... DAVID PALMER v. COMMISSIONER OF CORRECTION. , Conn.App., November 3, 2009 Petitioner's appeal from the Superior Court in the judicial district of Tolland, A. Santos, J. BISHOP, DiPENTIMA and PETERS, Js. PER CURIAM. The judgment is affirmed. John TYSON v. COMMISSIONER OF CORRECTION. , Conn.App., November 3, 2009 Petitioner's appeal from the Superior Court in the judicial district of Tolland, A. Santos, J. GRUENDEL, HARPER and SCHALLER, Js. PER CURIAM. The appeal is dismissed. Julio Centeno COLON v. COMMISSIONER OF CORRECTION. , Conn.App., November 3, 2009 Petitioner's appeal from the Superior Court in the judicial district of New Haven, Hon. Anthony V. DeMayo, judge trial referee. LAVINE, BEACH and HENNESSY, Js. PER CURIAM. The appeal is dismissed. Benjamin BROWNSTEIN et al. v. Kenneth C. SPILKE. , Conn.App., November 3, 2009 (Appeal from Superior Court, judicial district of New Haven, Hon. Anthony V. DeMayo, judge trial referee [judgment of strict foreclosure]; Crawford, J. [deficiency judgment] ). Daniel Shepro, for the appellant (substitute plaintiff J. Diamond Properties, LLC, in AC 29796). Georgina Spilke, pro se, the appellant (defendant in AC 29906). Glenn L. Formica, with whom, on the brief, were William B. Wynne, Joseph M. Wicklow III and Henry N. Silverman, for the appellee (named defendant). ... MERRIMACK MUTUAL FIRE INSURANCE COMPANY v. Jeffrey RAMSEY et al. , Conn.App., November 3, 2009 Appeal from Superior Court, judicial district of Waterbury, Complex Litigation Docket, Scholl, J. Douglas P. Mahoney, with whom, on the brief, was Jason E. Tremont, for the appellant (defendant Meghan Laporta). Patricia M. Shepard, with whom, on the brief, was Lawrence H. Adler, for the appellee (plaintiff). FLYNN, C.J., and ALVORD and SULLIVAN, Js. ALVORD, J. In this action for a declaratory judgment, the defendant Meghan Laporta appeals from the summary judgment rendered by th... STATE of Connecticut v. Franklyn E. ADAMS. , Conn.App., November 3, 2009 Appeal from Superior Court, judicial district of New London, geographical area number ten, Handy, J. Franklyn E. Adams, pro se, the appellant (defendant). Paul J. Narducci, senior assistant state's attorney, with whom, on the brief, was Michael L. Regan, state's attorney, for the appellee (state). LAVINE, BEACH and McDONALD, Js. LAVINE, J. The pro se defendant, Franklyn E. Adams, appeals from the judgment of the trial court denying his "motion to open [the] judgment for [the] re... STATE of Connecticut v. Dan L. MOORE. , Conn., November 3, 2009 Holdings: The Supreme Court, Zarella, J., held that: (1) defendant's right of confrontation was not violated when prosecution witness asserted privilege against self-incrimination on redirect examination after testifying on cross-examination that defendant had not been present during robbery; (2) any error in allowing witness to assert privilege against self- incrimination during redirect examination was harmless; (3) prosecutor did not become an unsworn witness when he queried state wi... Donna H. DUDEK v. Errol DUDEK. , Conn.Super., October 28, 2009 MEMORANDUM OF DECISION GILLIGAN, J. The plaintiff, Donna H. Dudek, Trustee of the Felka trust, has brought this summary process action against the defendant, Errol Dudek seeking to recover possession of premises known as 893 Burbank Avenue, Suffield, Connecticut and additional land more particularly described in the plaintiff's complaint. The defendant has moved to dismiss the complaint on several grounds and the plaintiff has filed her objection thereto. The plaintiff and defendant were repr... 2480 BELMONT AVENUE CORP. v. Thomas J. FITZGERALD et al. , Conn.Super., October 27, 2009 Morrison Mahoney LLP, Hartford, CT, Louis Albert Crisci Jr., Law Offices of Louis Albert Crisci Jr., East Haven, CT, for 2480 Belmont Avenue Corp. Greene Law PC, Farmington, CT, for Thomas J. Fitzgerald et al. MILLER, J. On April 26, 2006, the plaintiff and the defendants signed three contracts for the sale of real estate and two businesses owned by defendants and located in Stafford, Connecticut. Two of the contracts were for the sale of two real properties on which defendant Fitzgera... VIGILANT INSURANCE COMPANY v. DELOITTE & TOUCHE, LLP. Vigilant Insurance Company v. PricewaterhouseCoopers, LLP. , Conn.Super., October 27, 2009 BERGER, J. I In this action, the plaintiff, Vigilant Insurance Company (Vigilant), seeks to recover monies paid to its insured, Conning & Company (Conning), based upon the alleged failure of the defendants, Deloitte & Touche, LLP (D & T), and PricewaterhouseCoopers, LLP (PwC), to uncover embezzlement by one of Conning's employees. Vigilant alleges the following undisputed facts. Jeffrey F. Grous, who held several positions in the accounting and finance department at Conning, including controll... Joshua WRIGHT v. COLUMBIA PROPERTIES OF HARTFORD, LLC, in its capacity as the Backer for Theodore Mitchell et al. , Conn.Super., October 27, 2009 SWIENTON, J. The defendants, Columbia Properties Hartford, LLC (Columbia), and Theodore Mitchell (Mitchell), move for summary judgment on the ground that there is no genuine issue of material fact because the plaintiff's action is barred by the Dram Shop Act, General Statutes § 30-102. Facts The plaintiff brought an action in one count against the defendants, Columbia and Mitchell, for injuries resulting from an auto/pedestrian collision. The first count is brought pursuant to General Statu... Vilma FIGUEROA et al. v. Terrence DONAHUE, M.D. et al. , Conn.Super., October 27, 2009 SWIENTON, J. The plaintiffs brought this medical malpractice action against the defendant surgeon and the defendant hospital. The plaintiff, Vilma Figneroa, claims that she suffered injuries from a perforated bowel, as a result of a laparoscopic repair of two hernias, which was performed by the defendant, Terrence Donahue, M.D., at New Britain General Hospital. [FN1] The operative complaint is the second revised complaint, dated June 24, 2009, filed after the court granted the defendant's mot... PROGRESSIVE NORTHERN INS. CO. as Subrogee of Anthony Quinitchett v. CITY OF HARTFORD et al. , Conn.Super., October 27, 2009 WAGNER, J., JTR. The plaintiff, Progressive Northern Insurance Company, as subrogee of Anthony Quinitchett, an insured, filed a revised operative three-count complaint, against the defendants, City of Hartford and its employee, Willie L. Hughes in which plaintiff alleges the following facts. On November 29, 2007, the insured was involved in a motor vehicle accident at Palaski Circle in Hartford, Connecticut after striking an object on the road while he was proceeding around the circle. The... Debra PEREZ v. D AND L TRACTOR TRAILER SCHOOL. , Conn.App., October 27, 2009 Holdings: The Appellate Court, Lavine, J., held that: (1) testimony of employer's son at employee's unemployment hearing was not admissible; (2) various evidentiary claims raised by employee were either unreviewable due to inadequate record or were not properly preserved; (3) allegedly improper submission to jury of employer's counterclaim did not entitle employee to reversal of jury's judgment in favor of employer on her claims for vexatious litigation, retaliation, and intentional in... Michael E. GRECI et al. v. Thomas J. PARKS. , Conn.App., October 27, 2009 Holdings: The Appellate Court, Harper, J., held that: (1) cross-examination of motorist regarding medical reports relating to medical treatment prior to accident was not abuse of discretion; (2) verdict denying wife damages for loss of consortium was not impermissibly inconsistent with award to motorist of economic and noneconomic damages; (3) trial court could not grant motion for additur filed by wife on claim for loss of consortium for which verdict was entered for defendant; and ... Ralston SAMUELS v. COMMISSIONER OF CORRECTION. , Conn.App., October 27, 2009 Holding: The Appellate Court, Flynn, C.J., held that the Superior Court lacked subject matter jurisdiction. Affirmed. Stephanie L. Evans, special public defender, for the appellant (petitioner). Robin S. Schwartz, assistant state's attorney, with whom, on the brief, were Gail P. Hardy, state's attorney, and Kelly A. Masi, assistant state's attorney, for the appellee (respondent). FLYNN, C.J., and BEACH and ROBINSON, Js. FLYNN, C.J. [1] After the habeas court granted certifica... In re G.S. [FN*]FN* 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 inspect, Conn.App., October 27, 2009 Holdings: The Appellate Court, Gruendel, J., held that: (1) evidence supported trial court's determination that Department of Children and Families made reasonable efforts to reunify mother with child; and (2) evidence supported trial court's conclusion that mother failed to attain a degree of rehabilitation sufficient to warrant the belief that, at some time in the foreseeable future, she would be capable of assuming a responsible position with respect to the care of child. Affirmed. ... James DAVIS v. COMMISSIONER OF CORRECTION. , Conn.App., October 27, 2009 Holding: The Appellate Court held that petitioner failed to challenge habeas court's finding that petitioner had not been prejudiced by counsel's alleged deficient performance, and thus it was unnecessary to address petitioner's arguments regarding deficient performance. Affirmed. Charles F. Willson, special public defender, for the appellant (petitioner). Erika L. Brookman, deputy assistant state's attorney, with whom, on the brief, were Gail P. Hardy, state's attorney, and Warren Maxw... Kaniyn PARKER v. COMMISSIONER OF CORRECTION. , Conn.App., October 27, 2009 Holdings: The Appellate Court, Flynn, C.J., held that: (1) petitioner was not in custody, and (2) Superior Court did not abuse its discretion by denying certification to appeal. Appeal dismissed. Michael Oh, special public defender, filed a brief for the appellant (petitioner). Gail P. Hardy, state's attorney, Deborah Mabbett, senior assistant state's attorney, and Melissa L. Streeto, assistant state's attorney, filed a brief for the appellee (respondent). FLYNN, C.J., and Di... Marcia E. BUCHANAN v. Maria MORENO et al. , Conn.App., October 27, 2009 Holding: The Appellate Court, Beach, J., held that trial court did not abuse its discretion in declining, on ground of untimely disclosure, to admit a particular photograph as a full exhibit. Affirmed. Dominic A. Secondo, Middletown, for the appellants (defendants). James O. Gaston, Bridgeport, for the appellee (plaintiff). FLYNN, C.J., and BEACH and ROBINSON, Js. BEACH, J. [1] In this negligence action, the defendants, Maria Moreno and Enaroy Simms, appeal following the trial... SMITH BROTHERS WOODLAND MANAGEMENT, LLC v. ZONING BOARD OF APPEALS OF the TOWN OF BROOKFIELD. , Conn., October 27, 2009 Brian A. Lema, Milford, for the appellant (plaintiff). Thomas W. Beecher, Danbury, for the appellee (defendant). ROGERS, C.J., and NORCOTT, PALMER, VERTEFEUILLE, ZARELLA and McLACHLAN, Js. PER CURIAM. The zoning enforcement officer of the town of Brookfield issued a cease and desist order to the plaintiff, Smith Brothers Woodland Management, LLC, for the improper storage of logs and land clearing equipment on its property. The plaintiff appealed from the cease and desist order to... GARDNER HEIGHTS HEALTH CARE CENTER, INC. v. Richard J. KOROLYSHUN et al. , Conn.App., October 27, 2009 Appeal from Superior Court, judicial district of Hartford, Hon. Richard M. Rittenband, judge trial referee. Noah J. Schafler, for the appellant (named defendant). Mark S. Shipman, with whom, on the brief, were Rachel Kittredge Shipman and Mary Catherine Curran, for the appellee (plaintiff). BISHOP, GRUENDEL and HARPER, Js. PER CURIAM. The defendant Richard J. Korolyshun [FN1] appeals from the order of the trial court denying his motion for attorney's fees. We affirm the judgmen... USAA CASUALTY INSURANCE COMPANY v. Jonathan EDINGTON et al. , Conn.Super., October 26, 2009 Ryan Ryan Deluca LLP, Stamford, for Usaa Casualty Insurance Company. Bai Pollock Blueweiss & Mulcahey P.C., Shelton, for Christina Edington. Meehan Meehan & Gavin, Bridgeport, Rosemarie Talio Weber, Law Office of, Granby, for Charlene Benoit, Rita James, Charles James. RICHARD E. ARNOLD, Judge. The plaintiff has filed a motion for summary judgment arguing that there is no genuine issue of fact that exclusionary clause provisions in a Renters Protection Policy issued to the defendant... Kevin S. RILEY v. Melvin PIERSON et al. , Conn.Super., October 26, 2009 Keith Alan Yagaloff, Keith Yagaloff P.C., South Windsor, for Kevin Riley. Leone Throwe Teller & Nagle, East Hartford, for Melvin Pierson, Virginia Pierson. BRIGHT, J. BACKGROUND This action arises out of a promissory note (the "Note") entered into between the plaintiff, Kevin Riley, as the borrower and Melvin and Virginia Pierson as the lenders. The Note, in the amount of $326,000, was dated October 31, 1994. It was payable over twenty (20) years at the rate of seven per cent (7%) per y... Charles M. PELLATON v. BUDGET DRY WATERPROOFING, INC. et al. , Conn.Super., October 26, 2009 Howd Lavieri & Finch, Winsted, Charles M. Pellaton. Laurence P. Nadel, Laurence P. Nadel, P, New Haven, for Budget Dry Waterproofing Inc. and Jason Weinstein. CLARANCE J. JONES, Judge. Factual and Procedural Background The Plaintiff, Charles M. Pellaton, commenced this action by service of process against the Defendants, Budget Dry Waterproofing, Inc. (hereinafter "Budget Dry") and Jason D. Weinstein, (hereinafter "Weinstein"). On January 26, 2009, the Plaintiff subsequently filed a nin... Anita MATERAZZO v. CITY OF MIDDLETOWN et al. , Conn.Super., October 26, 2009 CLARANCE J. JONES, Judge. The present action arises from plaintiff Anita Materazzo's fall on a sidewalk on August 1, 2008 on Main Street in Middletown, Connecticut. On May 4, 2009, the plaintiff filed a complaint against the city of Middletown, Neil Dinemman and LEKA, LLC, respectively. On May 20, 2009, the defendant for this present motion, LEKA, LLC, filed a motion for summary judgment. The motion was granted by the court, Taylor, J., on June 23, 2009. The court's order stated: "Maintaining... Keisha LOWDEN, Individually and as Mother and Natural Guardian of Alexis Tillery, a Minor v. Diana JONES. , Conn.Super., October 26, 2009 Michael James McCabe, Michael J. McCabe, E, Milford, for Keisha Lowden and Alexis Tillery Minor. Esposito John J. PC, New Haven, for Diana Jones. HOWARD T. ZOARSKI, Judge Trial Referee. On June 30, 2008, the plaintiff, identified in the summons and the heading of the complaint as "Keisha Lowden, individually and as mother and natural guardian of Alexis Tillery, a minor," commenced this action against the defendant, Diana Jones. In her two-count complaint, the plaintiff alleges that on ... STAMFORD EDUCATION ASSOCIATION v. STAMFORD BOARD OF EDUCATION. , Conn.Super., October 23, 2009 TAGGART D. ADAMS, Superior Court Judge. I. Background and Facts The plaintiff Stamford Education Association (SEA) is the recognized bargaining unit or agent for teachers employed by the defendant Stamford Board of Education (Board). SEA and the Board are parties to a collective bargaining agreement in effect from July 1, 2007 through June 30, 2010. SEA has made application to vacate an arbitration award made under the provisions of what is known as the Teacher Negotiation Act (TNA) specifical... Richard CERVANTES, et al. v. Leszek KUDLA, et al. , Conn.Super., October 23, 2009 Dressler Strickland, Hartford, for Richard Cervantes, et al. Lonergan Donna-Maria Law Offices, Rocky Hill, for Leszek Kudla. Gordon Muir & Foley, Hartford, for Nationwide Mutual Insurance Company. Regnier Taylor Curran & Eddy, Hartford, for National Grange Mutual Insurance Company. AURIGEMMA, J. The defendant, NGM Insurance Company, formerly known as National Grange Mutual Insurance Company (National Grange), has moved for summary judgment against the plaintiff on the grounds tha... Philip MEDERIOS v. Trooper Cory SUTHERLAND et al. , Conn.Super., October 23, 2009 BEAR, J. The defendant John Fundock has moved to strike the fifth count of the plaintiff's complaint, a cause of action for defamation, "for the reason that count five is legally insufficient." A motion to strike one or more counts of a complaint challenges the legal sufficiency of each such cause of action. As set forth in Doe v. Yale University, 252 Conn. 641, 667, 668, 748 A.2d 834 (2000), because the issue is one of legal sufficiency this court's decision on a motion to strike is subje... Robert VANCE v. The MAIN ROOFING COMPANY, INC. et al. , Conn.Super., October 23, 2009 Buzzi & Terbrusch, Danbury, for Robert Vance. TAGGART D. ADAMS, Judge. This matter came before the court on a hearings in damages calendar on October 21, 2009. Defaults for failure to appear were entered against all three defendants on November 13, 2008. The court heard testimony from two witnesses, including the plaintiff, and reviewed the documents entered into evidence on October 21, 2009. Based on the foregoing, the court finds the plaintiff has proven damages arising from roof def... Christine I. PANTANELLA v. Jerry ROWE et al. , Conn.Super., October 23, 2009 Carella Richard D. LLC Law Offices O., Middletown, for Christine I. Pantanella. Einhorn Jonathan J. Law Office, New Haven, Halloran & Sage LLP, Hartford, Jerry Rowe et al. BEAR, J. On May 18, 2009, the plaintiff Christine I. Pantanella filed her latest amended revised complaint ("complaint") containing ten counts. On June 15, 2009, the defendants Jerry Rowe and Ben Cooper filed a motion for summary judgment as to count five of such complaint, and on August 21, 2009, such defendants fi... Julie FUSCO v. William FUSCO. , Conn.Super., October 23, 2009 Gozzi Paladino & Welsh, Old Saybrook, CT, Sue A. Fillmore Cousineau, Law Office of Sue A. Fillmore Cousineau, Middletown, CT, for Julie Fusco. Farrell Guarino & Boccalatte PC, Middletown, CT, for William Fusco. VITALE, J. A hearing on the plaintiff's Motion to Cease Access filed September 16, 2009, was held on October 19, 2009. The agreement of the parties, dated August 24, 2009, and made and order of the court, addressed the issues raised in said motion. The defendant and the plaintif... In re DEVON W. In re Alexander S., In re Xavier L., In re Aziah S. , Conn.Super., October 23, 2009 THAYER BALDWIN, JR., Judge of the Superior Court. The Department of Children and Families (hereinafter DCF or The Department) seeks to terminate the parental rights of Mother, two Fathers (Devon Sr. and Angel) and an unidentified father--John Doe, alleging Ground B1 with respect to Mother, Grounds A, B1 and D with respect to both fathers and Grounds A and D with respect to John Doe. The trial was heard over four days on May 26, 27 and 28, 2009 and June 26, 2009. On behalf of The Department... Darcy DECKER v. William DECKER. , Conn.Super., October 23, 2009 Traystman & Coric LLC, New London, for Darcy Decker. Puhlick & Cartier P.C., Norwich, for William Decker. SHLUGER, J. BACKGROUND A review of the record reveals that the parties were divorced pursuant to a marital separation agreement on July 28, 2005. Said agreement provided for joint custody with primary residence with the mother and reasonable rights of visitation with the father which included every Wednesday evening from after school until 8 p.m. and every Saturday from 4 p.m. on un... Kristy MERRIFIELD-GAGE v. Daryl GAGE. , Conn.Super., October 23, 2009 VASINGTON, JTR. The plaintiff appeared represented by counsel and the defendant appeared pro se. All statutory stays having expired, the court has jurisdiction. Having heard the evidence, the court finds as follows: The defendant and the plaintiff, whose maiden name was Merrifield, intermarried at Glastonbury, Connecticut on June 23, 2006; that the plaintiff has resided continuously in Connecticut for a period of one year next preceding the date of the filing of this complaint; that the... Gary DUCK v. Ondrea MOSLEY. , Conn.Super., October 23, 2009 BOLAND, J. Before this court is an application for a writ of habeas corpus filed by plaintiff. He states that he is an inmate at Bergin Correctional Institute. A review of the file which his application prompted raises two significant issues. Is Plaintiff entitled to a Writ of Habeas Corpus? "Habeas corpus" is a term with many meanings, often discernible only from the context in which the term appears. Most commonly it connotes "the Great Writ," which is aimed at determining whether or not ... James J. DUCH v. Daniel WALL et al. , Conn.Super., October 23, 2009 John R. Williams, New Haven, for James J. Duch. Arthur Carl Laske III, John P. Bohannon Jr., Fairfield, Howd & Ludorf, Hartford, for Daniel Wall et al. JOHN W. MORAN, Judge Trial Referee. The plaintiff, James Duch (Duch) has brought this action in five (5) counts against three named defendants. Count One, sounding in tortious interference with the plaintiff's business relationship, and Count Two, sounding in emotional distress, is against the defendant, Daniel Wall. Count Three, ... Julie FUSCO v. William FUSCO. , Conn.Super., October 23, 2009 Gozzi Paladino & Welsh, Old Saybrook, for Julie Fusco. Farrell Guarino & Boccalatte PC, Middletown, for William Fusco. VITALE, J. A hearing on the defendant's Motion for Contempt filed September 23, 2009, was held on October 19, 2009. The agreement of the parties, dated August 24, 2009, and made an order of the court, addressed the issues raised in said motion. The defendant and the plaintiff testified, as did other witnesses, including the children's guardian ad litem, Attorney Susan ... Narciso BUSTOS v. Murray O'REILLY. , Conn.Super., October 23, 2009 Ramiro Alcazar Esq., Law Offices of Ramiro Alcazar, Meriden, for Narciso Bustos. Law Offices of Mark S. Gilcreast, Hamden, for Murray O'Reilly. BRIAN T. FISCHER, Judge. The plaintiff, Narciso Bustos, moves to strike the defendant, Murray O'Reilly's, August 5, 2009 amended answer and special defenses. The plaintiff argues that the five special defenses must be stricken because the facts alleged by the defendant therein differ from those alleged in the plaintiff's complaint. Practice Boo... Alicia A. KELLY v. Kevin J. KELLY. , Conn.Super., October 23, 2009 MARK H. TAYLOR, Judge. I. BACKGROUND AND FINDINGS OF FACT This is an action to dissolve the marriage between the plaintiff, Alicia A. Kelly and the defendant, Kevin J. Kelly. The parties were married on January 20, 1986, in West Hartford, Connecticut. Before her marriage to the defendant, the plaintiff was known by her family name of Alicia A. McBurney. Both parties have continuously resided in Connecticut for many years and three children were born issue of this marriage. One child, Meag... Anthony J. PELLECCHIA, Admin. v. The CONNECTICUT LIGHT AND POWER COMPANY et al. , Conn.Super., October 23, 2009 ROBERT B.SHAPIRO, Judge. This matter is before the court concerning the plaintiff's motion for reconsideration of the court's September 1, 2009 order sustaining the defendants' Town of Killingly, Anthony Shippee, and David Sabourin's (Town defendants) June 19, 2009 objection (# 257) to the plaintiff's amended revised substitute complaint, dated June 5, 2009 (# 249). The Town defendants filed an objection to the motion for reconsideration, dated October 3, 2009 (# 302). The appellate courts... Susan COLLINS v. Conrad D. COLLINS. , Conn.Super., October 23, 2009 Roisman & McClure PC, West Hartford, for Susan Collins. Theodore J. Wurz, Plainville, for Conrad D. Collins. EPSTEIN, J. Background and Findings The parties' 35-year marriage was dissolved in this court on December 9, 2002. Pursuant to the judgment of the court, premised upon the parties' December 9, 2002, Divorce Settlement Agreement, an alimony obligation of $11,000 per month was imposed on defendant husband, payable to plaintiff wife on the first day of each month, commencing as o... In re JADALEE C. , Conn.Super., October 23, 2009 GERARD F. ESPOSITO, J. Presently before the court are the following: 1. A petition filed by the commissioner of the department of children and families (DCF) to terminate the parental rights of the respondent mother, Luz C. (Luz), and the respondent father, Jafry P. (Jafry), [FN1] with respect to the minor child, Jadalee C. (Jadalee). FN1. The respondent father's first name has been spelled in a number of ways in various court documents. When he testified, however, the respondent f... Nigel ESCOURSE v. Verdorna ESCOURSE. , Conn.Super., October 23, 2009 Conn Laborers Legal Service Fund, Rocky Hill, for Nigel Escourse. J. FISCHER, J. The plaintiff, Nigel Escourse has brought this dissolution of marriage action against the defendant Verdorna Escourse. A trial was held on October 13, 2009, at which both parties appeared and were represented by counsel. A guardian ad litem was appointed in this case and also testified at trial. This court has considered all of the relevant statutory criteria, including the length of the marriage, fault, t... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com