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

 

AC38896 - Windsor Federal Savings & Loan Assn. v. Reliable Mechanical Contractors, LLC ("The defendants, Reliable Mechanical Contractors, LLC (Reliable Mechanical), and its sole member, Elijah El-Hajj-Bey, appeal from the summary judgment rendered in favor of the plaintiff, Windsor Federal Savings and Loan Association, on its collection claim, and from the judgment of dismissal of their counterclaims. As to the summary judgment, the defendants claim that the plaintiff failed to prove the nonexistence of any genuine issue of material fact and that it was thus entitled to judgment on its complaint as a matter of law. As to the dismissal of the counterclaims, the defendants argue that the court erred in concluding that their counterclaims were barred by the three year statute of limitations. Because El-Hajj-Bey was not a party to the underlying action at the time final judgment was rendered on the plaintiff’s complaint, he does not have standing to appeal from that judgment. Accordingly, we dismiss El-Hajj-Bey’s appeal from the summary judgment. As to the dismissal of the counterclaims, that judgment applied only to Reliable Mechanical’s counterclaims, not to those advanced by El-Hajj-Bey. There is thus no final judgment on El-Hajj-Bey’s counterclaims from which to appeal, and, accordingly, we dismiss El-Hajj-Bey’s appeal from the judgment of dismissal as to those counterclaims. We reverse the summary judgment ordered by the trial court against Reliable Mechanical and dismiss as moot the appeal from the judgment of dismissal of its counterclaims.")

AC39342 - TD Bank, N.A. v. Salce ("In this action seeking to collect on a promissory note, the defendant, Anthony H. Salce, Jr., appeals from the judgment of the trial court, Hon. Edward F. Stodolink, judge trial referee, rendered in favor of the plaintiff, TD Bank, N.A. On appeal, the defendant claims that (1) the court, Hon. Richard P. Gilardi, judge trial referee, erred in denying his motion to dismiss by improperly placing the burden of proof on him to establish a lack of personal jurisdiction due to ineffective service of process; and (2) the court, Radcliffe, J., erred in granting summary judgment as to liability in favor of the plaintiff because the defendant’s second special defense was viable. We disagree and, accordingly, affirm the judgment of the court.")