The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Contract Law Appellate Court Opinions

by Roy, Christopher

 

AC38482 - Doctor's Associates, Inc. v. Searl ("The defendants, Susan E. Searl and Randy A. Searl, doing business as Subway store number 34648, appeal from the judgment of the trial court, effectively dismissing their motion to vacate an arbitration award for lack of subject matter jurisdiction and granting the application of the plaintiff, Doctor’s Associates, Inc., to confirm that award. On appeal, the defendants claim that the court should have applied federal law, or alternatively New York law, instead of Connecticut law, in determining whether they timely filed their motion to vacate. We conclude that the court should have applied federal law in determining the timeliness of the defendants’ motion to vacate and, accordingly, reverse the judgment of the trial court and remand the case for further proceedings.")

AC39135 - General Linen Service Co. v. Cedar Park Inn & Whirlpool Suites ("The defendants, Cedar Park Inn & Whirlpool Suites (Cedar Park Inn) and John G. Syragakis (collectively ‘defendants’), appeal from the denial of their motion to open a judgment rendered in favor of the plaintiff, General Linen Service Company, Inc. A default had been ordered as a result of the defendants’ failure to comply with a discovery order and the trial court rendered judgment after a hearing in damages. The defendants claim that the trial court abused its discretion by not finding that it had lacked subject matter jurisdiction and by instead denying their motion to open because it did not satisfy the requirements of General Statutes § 52-212 (a) and Practice Book § 17-43. We affirm the judgment of the trial court.")

AC38233 - United Amusement & Vending Co. v. Sabia ("In this action for breach of contract arising out of a commercial lease, the defendant, Daniel Sabia, appeals, following a trial to the court, from the judgment rendered in favor of the plaintiff, United Amusements & Vending Company, on the plaintiff’s single count complaint. The trial court, Hon. Edward F. Stodolink, judge trial referee, awarded $15,000 in damages. The defendant claims on appeal that the trial court (1) failed to find the contract unenforceable based on the defendant’s special defenses of mistake and duress; (2) awarded damages based on unconscionable provisions of the contract; and (3) awarded damages inconsistent with the contract and evidence. We agree with the defendant’s third claim. Accordingly, we reverse in part the judgment of the court and remand the case for a hearing in damages. We otherwise affirm the court’s judgment.")