Ours is a society in which people live, work, relax, and shop in apartment complexes, office towers, industrial parks, stadia, and malls that stretch as far as the eye can see. It is, therefore, unsurprising that a mundane artifact of modern life — the parking space — has become a prized possession.

This case illustrates the point. The complainants, believing themselves entitl... More...   $0 (09-21-2010 - MA)

In this appeal from the dismissal of an action alleging breach of contract, fraud in the inducement, and violation of the Virginia Consumer Protection Act, Code §§ 59.1-196 et seq. (“VCPAâ€� or “the Actâ€�), we consider whether the trial court erred when it sustained the demurrers of Concord Condominium, LLC (“Concordâ€�) to the complaints of Phillip Abi-Najm (“Abi-Najmâ€�) and other pur... More...   $0 (09-16-2010 - VA)

The plaintiff, Lucille J. Nappo, appeals from the judgment of the trial court upholding the validity of a mortgage on her residential property in Avon held by the defendant, Merrill Lynch Credit Corporation.

The plaintiff claims that the mortgage should be discharged because the evidence presented at trial failed to establish that she owed the defendant a debt.

We disagree and af... More...   $0 (09-01-2010 - CT)

The plaintiff, Charles R. Hodgate, administrator of the estate of Tavis W. Hodgate,1 appeals from the summary judgment rendered in favor of the defendants Roger A. Silva and Wellington Sales & Installation Company, Inc. (Wellington). On appeal, the plaintiff claims that the court improperly (1) determined that Massachusetts law, rather than Connecticut law, applied to the present case, (2) conclud... More...   $0 (08-31-2010 - CT)

TB Isle Marina / Yacht Club [“TB Isleâ€�] appeals from an order denying its motion for involuntary dismissal and ordering execution of license agreement and other relief in favor of Turnberry Isle Condominium Association [“Condo Associationâ€�]. We affirm, as the trial court’s findings of facts that TB Isle failed to comply with the 2004 Final Judgment are supported by the record and have no... More...   $0 (08-26-2010 - FL)

The defendants Nicholas Owen and Iron Works Development of Branford, LLC (Iron Works), appeal from the judgment of the trial court rendered in favor of the plaintiffs Anchor Reef Holdings, LLC (Anchor Reef Holdings), and Anchor Reef Club at Branford, LLC (Anchor Reef Club).1 In their statement of issues, the defendants claim, inter alia, that (1) the court’s interpretation of a stipulated settle... More...   $0 (08-24-2010 - CT)

Hollywood Towers Condominium Association, Inc. (“the association”) appeals the trial court's partial final judgment denying its request for an injunction. This appeal arises out of a complaint filed by the association requesting, among other things, a permanent injunction requiring Sharon Hampton to allow the association to access her condominium unit to perform repair work on her balcony. We re... More...   $0 (08-23-2010 - FL)

James Howard, a young man molested as a child by a Catholic priest, sued the Bishop who retained the priest in the diocese. A jury found the Bishop liable for negligent retention, and the court entered judgment in the amount of $5.5 million: $2.5 million in compensatory damages and $3 million in punitive damages. The Bishop settled with Howard while the case was on appeal, and agreed to join Howar... More...   $0 (08-19-2010 - CA)

A landlord sought re-possession of her condominium from a tenant. The tenant asserted he had an enforceable right to purchase the residence based on an option in his lease (the option right). After a superior court bench trial at which the tenant appeared pro se, the court ruled in favor of the landlord. The tenant appeals, arguing that the trial court erred by: (1) refusing to postpone trial to a... More...   $0 (08-13-2010 - AK)

The plaintiff, The Land Group, Inc., appeals from the judgment of the trial court in favor of the defendants, Carl J. Palmieri, as trustee and in his individual capacity, Frank Palmieri, as trustee and in his individual capacity, Mary Gai,1 Florence Palmieri and Marie Palmieri, executrix of the estate of Vincent Palmieri. The court found that the defendants did not breach the parties’ contract f... More...   $0 (08-03-2010 - CT)

The principal issue in this appeal1 is the scope of the confidentiality protections afforded by General Statutes § 35-42,2 a provision that authorizes the attorney general to demand, prior to the institution of any action or proceeding, discovery from any person3 whom he has reason to believe has violated any portion of the Connecticut Antitrust Act (antitrust act), General Statutes §§ 35-24 th... More...   $0 (08-02-2010 - CT)

The plaintiff Emanuel Papadopoulos was injured when he slipped and fell on a patch of ice in the parking lot of the Liberty Tree Mall in Danvers in front of a Target department store. [FN4] He filed suit in the Superior Court against the defendants Target Corporation, which controlled the area of the parking lot where the plaintiff fell, and Weiss Landscaping Company, Inc., the contractor retained... More...   $0 (07-26-2010 - MA)

Appellant, Sea Mist Council of Owners ("Sea Mist"), appeals an order of the trial court granting summary judgment in favor of the intervenors, Palms Investment Group, Ltd. and PRM Management Company ("Palms"). By two issues, Sea Mist urges that the trial court erred in granting the summary judgment because the Board of Adjustments of the Town of South Padre Island ("Board of Adjustments") erred i... More...   $0 (07-23-2010 - TX)

Appellee Deer Creek Property Owners Association, Inc. ("Deer Creek") filed this lawsuit against one of its residents, appellant Gloria Norton, for violating its restrictive covenants. Deer Creek alleged that a large gazebo-like structure on Norton's deck had fallen into disrepair and was negatively affecting her neighbors' enjoyment of their property. After a hearing, the trial court ordered a pe... More...   $0 (07-22-2010 - TX)

The principal, novel issue presented in this appeal is whether for sidewalk liability purposes, a condominium association has a duty to maintain an abutting public sidewalk as if it were a commercial landowner. We hold that a condominium association does not bear such duty or responsibility. We also reject other theories of liability against the association and Hoboken.

Plaintiff Ri... More...   $0 (07-22-2010 - )

General Laws c. 233, § 79G (§ 79G), concerns, in part, the admissibility of medical bills "as evidence of the fair and reasonable charge" for medical services provided. [FN1] In this negligence action in which the plaintiff sought to recover damages for personal injuries, a Superior Court judge determined that the plaintiff's medical bills could be excluded from evidence under § 79G because the... More...   $0 (07-20-2010 - MA)

Melvin and Mary Long, along with several other individuals, who signed contracts to purchase eight condominiums in the 279-unit condominium complex known as Vantage at Merrifield Town Center in Falls Church, Virginia, commenced these actions against the developer, alleging violations of the Interstate Land Sales Full Disclosure Act ("ILSFDA") (pronounced, perhaps, "ills-fi-da"), 15 U.S.C. § 1701 ... More...   $0 (07-13-2010 - VA)

This interlocutory appeal arises out of a dispute over development rights at the Woods at Killington condominium complex (the Woods) in Killington, Vermont. An association of condominium unit owners located at the Woods (the Association) appeals from a decision by the Rutland Superior Court granting summary judgment in favor of developers Richard Madowitz and Douglas Kohl, who are seeking to fur... More...   $0 (07-02-2010 - VT)

In two issues, Appellant Ryan Esquivel appeals the trial court=s grant of summary judgment for Appellees JPM Realty Property Management, Inc. and JPM Realty Investments, Inc. (collectively AJPM@). We affirm.



II. Procedural Background

Esquivel sued JPM, Avery Pointe apartment complex=s management firm, for premises liability after he was injured in Avery Pointe=s pool areaC... More...   $0 (07-01-2010 - TX)

General Statutes § 20-327b1 requires a seller of residential property to execute a report documenting his knowledge of specified aspects of the condition of the property. The issue in this case is whether a disclaimer in the contract for the sale of the property is a bar to an action to recover damages from the seller for a negligent misrepresentation in this mandated report. Because the negligen... More...   $0 (06-29-2010 - CT)

The plaintiff, C & H Associates Limited Partnership, appeals from the judgment of the trial court granting the motion to set aside the verdict filed by the defendants, the town of Stratford, Lisa Biagiarelli, the town tax assessor, and David L. Valente, the town tax collector, and directing a verdict in their favor on all counts of the plaintiff’s complaint. On appeal, the plaintiff claims that ... More...   $0 (06-29-2010 - CT)

The defendants, Salce Contracting Associates, Inc. (Salce), and its surety, United States Fidelity & Guaranty Company (surety), appeal from the judgment of the trial court rendered in favor of the plaintiff, DiRienzo Mechanical Contractors, Inc. (DiRienzo). On appeal, the defendants claim that the court erred in (1) failing to apply certain provisions of the contract, (2) finding that (a) DiRienzo... More...   $0 (06-29-2010 - CT)

Craig Wheeler appeals a final summary judgment on claims he asserted against Peter Sajovich, Nickolas Nowak, Austin Advantage, Inc. d/b/a RE/MAX Austin Advantage ("Austin Advantage"), and eCounty Foreclosures, Inc. ("eCounty") (collectively, appellees). In two issues on appeal, Wheeler argues that the district court erred in granting summary judgment because he presented evidence raising a fact i... More...   $0 (06-23-2010 - TX)

The plaintiffs, Frank Forrestt and Carolyn Forrestt,1 appeal following the denial of their motion to set aside the jury verdict rendered in favor of the defendants, Paul S. Koch, an ophthalmologist, and East Lyme Laser Vision Center, LLP. On appeal, the plaintiffs contend that the trial court abused its discretion in failing to set aside the verdict due to the improper remarks of the defendants’... More...   $0 (06-22-2010 - CT)

In this medical malpractice case, which returns to us for a second time,1 we consider two separate appeals. In the first appeal (Docket No. SC 17744), the defendant Scott Casper, a gynecologist, his employer, the named defendant, County Obstetrics and Gynecology Group, P.C. (County Obstetrics), and the defendant Yale University School of Medicine,2 appeal from the judgment of the trial court, rend... More...   $5200000 (06-22-2010 - CT)