LAVINE , J. The plaintiff, Dean Lodmell, appeals from the judgments of the trial court granting the motions filed by the defendant, Joan LaFrance, to dismiss his applications to vacate arbitration awards. On appeal, the plaintiff claims that the court, in dismissing his applications, improperly applied the prior pending action doctrine. We affirm the judgments of the trial court. The following facts and procedural history are relevant to the resolution of the plaintiff's appeal. In...
PER CURIAM . The self-represented plaintiff, Paul Harris, appeals from the trial court's summary judgment in favor of the defendant, the Department of Correction. On appeal, the plaintiff claims that the court improperly concluded that the evidence he presented did not raise a genuine issue of material fact with respect to his allegations that the defendant subjected him to discrimination on the basis of his race and color in violation of the Fair Employment Practices Act, 1 General...
ALVORD , J. The plaintiff, Noroton Properties, LLC, appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the defendant, Sherif M. Lawendy, in this action to foreclose a commercial mortgage. The court concluded that the plaintiff failed to prove that the defendant was in default of the mortgage note and, accordingly, declined to award the plaintiff an appraisal fee, a title search fee, late fees, default interest, or attorney's fees. On appeal, the...
KELLER , J. In this action arising from an arbitration dispute, the plaintiffs, Alfred Marulli and Barbara Marulli, appeal from the judgment of the trial court rendered in favor of the defendant, Wood Frame Construction Company, LLC. The plaintiffs claim that the court's judgment of April 23, 2013, which set forth the amount owed by the plaintiffs to the defendant, including interest and costs, should be set aside because (1) the court lacked the authority to grant the defendant's motion...
SHELDON , J. In this appeal from the judgments of the trial court terminating the parental rights of the respondent mother 1 as to her two minor daughters, Nevaeh W., age six, and Janiyah A., age four, the respondent raises three claims of error. With respect to the adjudicatory phase of the termination proceeding, the respondent claims that the trial court erred in finding: (1) that the Department of Children and Families (department) made reasonable efforts to reunify her with her...
BEACH , J. The principal issue presented is whether the statute of limitations in this medical malpractice action may be tolled by application of either the doctrine of continuing treatment or the doctrine of continuous course of conduct, or both. The action was brought by the plaintiff, Lisa J. Cefaratti, against the defendants, Jonathan Aranow, a licensed physician specializing in general, bariatric, vascular, and thoracic surgery; Shoreline Surgical Associates, P.C. (Shoreline), Aranow'...
GRUENDEL , J. The defendant, Henry T. Collin, appeals from the judgment of conviction, rendered by the trial court, following a jury trial, of seven counts of sexual assault in the second degree in violation of General Statutes 53a-71 (a)(1) and seven 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) refused to permit a defense witness, David Mantell, to testify as an expert on the...
GRUENDEL , J. The defendant, Edward Borrelli, appeals from the judgment of the trial court denying his motions for remittitur and to set aside the verdict. The defendant filed these motions after a jury verdict awarding damages to the plaintiff, Tessa Scandariato, on a claim of negligence. On appeal, the defendant claims that the court (1) improperly allowed the plaintiff's expert to testify to a permanent partial impairment rating as to the plaintiff's brain, (2) failed to instruct the...
KELLER , J. The defendant, Robert Perugini, appeals from the judgment of conviction, rendered after a jury trial, of assault in the second degree in violation of General Statutes 53a-60 (a)(1). On appeal, the defendant claims that there is insufficient evidence to sustain the jury's verdict. We affirm the judgment of the trial court. The following facts, which a jury reasonably could have found, and procedural history are relevant to this appeal. On the night of December 8, 2009, the...
PER CURIAM . "The three year limitation for the filing of a petition for a writ of error coram nobis has been the law in Connecticut for more than 130 years.... More importantly, the three year limitation period is jurisdictional." (Citations omitted.) State v. Carter, 142 Conn.App. 156 , 160, 64 A.3d 366 (2013). The defendant, Bradley D. Simpson, appeals from the judgment of the trial court denying his petition for a writ of error coram nobis. 1 Specifically, he argues that the court...
LAVERY, J. The plaintiff, 710 Long Ridge Operating Company II, LLC, appeals from the judgment of the trial court dismissing its action against the defendant, Randolph Stebbins. On appeal, the plaintiff claims that the court did not have authority to dismiss the action after judgment had been rendered in the action. We reverse the judgment of the trial court. The following facts and procedural history are relevant to this appeal. Because in this appeal we review the trial court's ruling on a...
LAVINE , J. This case concerns the validity and enforceability of a restrictive covenant prohibiting certain premises from being operated as an "upscale hotel." The defendant, FelCor TRS Guarantor, L.P., claims that the restrictive covenant was extinguished as a result of certain land transfers, and thus appeals from the judgment of the trial court in favor of the plaintiffs, Heyman Associates No. 5, L.P. (Heyman), HD Hotel, LLC (HD Hotel), AIM Management Corporation (AIM), and TRJ II(TRJ)....
SCHALLER, J. The defendant, Kyle Peterson, appeals from the judgment of conviction, rendered following a conditional plea of nolo contendere, of possession of a controlled substance with intent to sell in violation of General Statutes 21a-277 (b). On appeal, the defendant claims that the trial court improperly denied his motion to suppress evidence seized from his vehicle by the police. The defendant specifically contends, inter alia, that the police detained him prior to his arrest without...
HARPER, J. The plaintiff in error, A OK Bail Bonds, LLC (plaintiff), brings this writ of error 1 to challenge the trial court's denial of its motion to file a memorandum of law under seal, pursuant to Practice Book 7-4B, in support of its motion for release of the plaintiff from its obligations pursuant to the relevant bail bonds (motion for release). 2 The plaintiff claims that the court improperly denied its motion to file the memorandum of law under seal because (1) it failed to weigh...
LAVINE, J. The defendant, Anthony Dyous, appeals from the judgment of the trial court granting the state's second petition for an order of continued commitment filed pursuant to General Statutes 17a-593 (c). 1 On appeal, the defendant claims that (1) the order of continued commitment to the Psychiatric Security Review Board (board) violates his right to equal protection as against mentally disordered prison inmates, 2 and (2) his April 8, 2011 criminal conviction constitutes a finding...
BISHOP, J. In this employment related case, the plaintiff, Philip A. Marasco, appeals from the summary judgment rendered in favor of the defendant, the Connecticut Regional Vocational-Technical School System (school system). On appeal, the plaintiff claims that the trial court improperly determined that there were no genuine issues of material fact as to whether the school system had discriminated against him in violation of General Statutes 46a-60 1 or in violation of the Age...
SCHALLER, J. The defendant, Michael Carlton Reddick, appeals from the judgment of conviction, rendered following a jury trial, of robbery in the first degree in violation of General Statutes 53a-134 (a)(4) and larceny in the third degree in violation of General Statutes 53a-124 (a)(2). On appeal, the defendant claims that (1) there was insufficient evidence to support a finding that he committed the crimes charged; (2) the court failed to instruct the jury properly regarding a key witness'...
PRESCOTT, J. This consolidated appeal arises from a breach of contract action brought by the plaintiff, WiFiLand, LLP, against the defendants Mary Hudson, George Hudson, and St. Louis RV Park. 1 The plaintiff appeals, and the defendants cross appeal, from the judgment rendered after a trial to the court in favor of the plaintiff and awarding it $1 in nominal damages, and from the court's subsequent order awarding the plaintiff $5000 in attorney's fees. The defendants also appeal from the...
KELLER, J. The plaintiff, 2 National Place, LLC, appeals from the summary judgment rendered by the trial court in favor of the defendant law firm of Greene Law, P.C. 1 The plaintiff claims that the trial court improperly concluded that the defendant, as a matter of law, (1) did not breach its fiduciary duty to the plaintiff, and (2) was not vicariously liable for the alleged statutory theft, pursuant to General Statutes 52-564, and unjust enrichment of its agent, Attorney Michael D. Reiner,...
MULLINS, J. The plaintiff, Walter Wasilewski, appeals from the judgment of the trial court granting the motion to dismiss filed by the defendant, the Commissioner of Transportation. The plaintiff claims that the trial court improperly (1) did not hold oral argument before it granted the motion to dismiss, and (2) ruled that it lacked subject matter jurisdiction over his action because his notice to the defendant of the alleged highway defects was patently defective and therefore insufficient...
