GRUENDEL, J. The defendants, Carnegie Hill Capital Asset Management, LLC (Carnegie), Michael Jamison and Janice Jamison, appeal from the judgment of the trial court in this easement dispute between neighbors. They claim that the court improperly concluded that (1) the easement in question precluded the plaintiff, Bruce Zirinsky, from planting only those trees in the easement area that blocked their access to an abutting park and playground area and (2) the play system erected in the easement...
BORDEN, J. The issue before this court is the scope of an employer's duty for the tortious conduct of an employee, outside the scope of his employment, that occurred off the employer's premises. The plaintiff, Janine Cannizzaro, commenced this action after she was injured in an automobile accident with the defendant Stephan Marinyak. At the time of the accident, Marinyak was an employee of the defendant Diane Jennings Mayo, a homeowner in Redding. 1 The plaintiff appeals from the summary...
WEST, J. The defendant, Susan Perez, appeals from the judgment of the trial court rendered in favor of the plaintiff, Richard Masse, Jr., for breach of fiduciary duty, conversion, statutory theft and unjust enrichment. On appeal, the defendant claims that the court improperly (1) awarded treble damages despite insufficient evidence and (2) precluded her from offering relevant evidence. We disagree and, accordingly, affirm the judgment of the trial court. The following facts, as found by the...
PER CURIAM. The defendants Pascal H. Jean-Jacques and Mireille Jean-Jacques 1 appeal from the trial court's denial of their motion to open a foreclosure judgment. We affirm the judgment of the trial court. The plaintiff, PHH Mortgage Corporation, is the holder of a mortgage on real property owned by the defendants in Fairfield. On June 7, 2010, the plaintiff commenced a foreclosure action against the then self-represented defendants, who had defaulted on their mortgage payments. On November...
SHELDON, J. The plaintiff, Vincent Metro, LLC, a licensed real estate broker, commenced this action against four defendants — Kenneth S. Ginsberg and his company, YAH Realty, LLC (YAH), and two of their customers, John Fitzpatrick (John) and Rose Fitzpatrick (Rose) — to recover commissions it claims to have earned under an exclusive listing agreement between itself and YAH for certain of YAH's commercial condominium units in Hamden. The action is now before this court on the plaintiff's...
ESPINOSA, J. The defendant, Dwayne Andre Adams, appeals from the judgment of conviction, rendered following a jury trial, of two counts of sexual assault in the first degree in violation of General Statutes 53a-70 (a)(2) and three counts of risk of injury to a child in violation of General Statutes 53-21 (a)(2). 1 The defendant claims that (1) the trial court improperly admitted certain constancy of accusation testimony, (2) the court improperly admitted certain expert testimony that...
BEAR J. The plaintiff, Cynthia Ortiz, appeals from the judgment of the trial court dismissing her cause of action against the defendant, the Metropolitan District (district), 1 for failure to comply fully with the notice provision of General Statutes 13a-149. 2 On appeal, the plaintiff claims that the court's dismissal was improper because (1) her complaint also sounded in common-law negligence against the district and (2) the notice she provided to the district was sufficient to comply...
ESPINOSA, J. The plaintiffs Citizens Against Overhead Power Line Construction (association) and Richard M. Legere 1 appeal from the judgment of the Superior Court granting the motion to dismiss in favor of the defendants, the Connecticut Siting Council (siting council), the office of consumer counsel (consumer counsel) and the Connecticut Light & Power Company (power company). The plaintiffs claim that the court improperly determined that they lacked standing to bring the present action. The...
PETERS, J. After a trial that the court described as a credibility contest, the defendant was found guilty of having sexually assaulted the complainant in violation of General Statutes 53a-70 (a)(1) and 53a-73a (a)(2). The defendant's appeal principally challenges the sufficiency of the evidence to establish that he forcibly engaged in sexual intercourse with the complainant. We affirm the judgment of the trial court. In a two count substitute information dated November 22, 2010, the state...
ESPINOSA, J. The plaintiff, Arthur Iacurci, appeals from the summary judgment rendered by the trial court in favor of the defendants, Larry Sax and Cohen, Burger, Schwartz and Sax, LLC (accounting firm). The plaintiff claims that the court improperly allocated to him the burden of proof with regard to his allegation that the statute of limitations was tolled by operation of the fraudulent concealment statute. We affirm the judgment of the trial court. The following procedural history...
GRUENDEL, J. The defendants Sergeant James F. Bernard and the town of Windsor (town), 1 appeal from the judgment of the trial court denying their motion for summary judgment. 2 Specifically, the defendants claim that the court erred in concluding that the doctrine of res judicata did not bar the plaintiff's action in nuisance. 3 We agree with the defendants and reverse the judgment of the trial court. Our Supreme Court set forth the following relevant facts and procedural history. "On...
PER CURIAM. The defendants, Lynne Cooke Andrews and Jeffrey P. Andrews, appeal from the judgment of the trial court rendered in favor of the plaintiffs, the inland wetlands and watercourses commission of the town of Wallingford (commission) and Erin O'Hare, the town's environmental planner, issuing a permanent injunction and remediation order. The defendants claim that the court (1) improperly failed to consider their takings claim, (2) improperly determined that they could not challenge the...
SHELDON, J. The plaintiff, the city of Hartford, appeals from the judgment rendered by the trial court in favor of the defendant Brian McKeever 1 awarding him $195,909 in damages on his counterclaim to recoup moneys overpaid by him to the plaintiff and other prior holders of two notes secured by mortgages on his property in Hartford. The plaintiff claims that the trial court erred in finding that the plaintiff, as the most recent assignee and current holder of the defendant's note, could be...
ROBINSON, J. The respondent mother appeals from the judgment of the trial court terminating her parental rights as to her minor child, Brianna L., 1 and committing Brianna to the custody of the petitioner, the commissioner of children and families. The respondent claims that the court improperly granted the petition to terminate her parental rights because (1) the petitioner failed to follow the laws and protocols for filing such a petition, (2) the court rendered judgment on the basis of...
PELLEGRINO, J. The defendant, Lascelles Anthony Clue, appeals from the judgments of conviction, rendered following a court trial on four informations consolidated for trial, of home invasion in violation of General Statutes 53a-100aa, robbery in the first degree in violation of General Statutes 53a-134 (a)(3), assault of an elderly person in the third degree in violation of General Statutes 53a-61a (a)(1), threatening in the second degree in violation of General Statutes 53a62, larceny...
LAVINE, J. The defendant, Jesse Paredes, appeals from the judgment of conviction, rendered after a jury verdict, of two counts of sexual assault in the second degree in violation of General Statutes 53a-71 (a)(1) and (5), and two counts of risk of injury to a child in violation of General Statutes 53-21(a)(2). On appeal, the defendant claims that the trial court improperly (1) failed to order an adequate remedy in the face of inadmissible hearsay and (2) admitted into evidence a video...
BEAR, J. The plaintiff, Sandy D. McRae, appeals from the judgment of the trial court, Hon. Herbert Barall, judge trial referee, granting the motion of the defendant, Scott A. McRae, to modify periodic alimony payable to the plaintiff. On appeal, the plaintiff claims that the trial court improperly (1) based its decision on the defendant's present earnings rather than his earning capacity, (2) modified alimony despite the defendant's failure to proffer evidence of a substantial change in...
BEAR, J. The plaintiff, Roland Todd White, appeals from the summary judgment rendered by the trial court in favor of the defendants, Mazda Motor of America, Inc. (Mazda), and Cartwright Auto, LLC (dealership), in this product liability action stemming from a fire in his 2007 Mazda3 automobile (vehicle), which allegedly caused injury to the plaintiff. On appeal, the plaintiff claims that the court erred in concluding that his case should not proceed to a trial on the merits because he had...
DiPENTIMA, C.J. The plaintiff, Thomas Lamar, appeals from the decision of the workers' compensation review board (board) affirming the decision of the workers' compensation commissioner (commissioner) denying his motion to preclude the defendant employer, Boehringer Ingelheim Corporation, 1 from contesting the payment of benefits pursuant to the Workers' Compensation Act (act), General Statutes 31-275 et seq. We affirm the decision of the board. The following facts, as found by the...
BEAR, J. The defendants, Mohegan Sun Casino and Safety National Casualty Corporation, appeal from the decision of the workers' compensation review board (board) affirming the decision of the workers' compensation commissioner for the second district (commissioner) denying the defendants' request to review their claim challenging the allocation of certain third party settlement proceeds between the plaintiff, Joseph Lubrano, and his wife, Jill Lubrano. On appeal, the defendants claim that (1)...
