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Chad E. Cohen and Kirsten Cohen v. Postal Holdings, LLC
Second Circuit Court of Appeals - New York, New York |
Plaintiffs‐Appellants Chad E. Cohen and Kirsten Cohen (the “Cohens”) |
WESTERN DERMATOLOGY CONSULTANTS, P.C. v. VITALWORKS, INC., ET AL.
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In this certified appeal, the plaintiff, WesternDermatologyConsultants,P.C.,claimsthatthe Appellate Court improperly reversed the judgment of the trial court, which found that the defendants, VitalWorks, Inc. (VitalWorks),1 and Cerner Physician Associates, Inc. (Cerner), had violated the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110aetseq.,2 bymakingmisrepresentationsi... More... $0 (09-07-2016 - CT) |
Nationwide Mutual Ins. Co. v. Pasiak |
In this declaratory judgment action, the plaintiffs, Nationwide Mutual Insurance Company and Nationwide Mutual Fire Insurance Company, appealfromthejudgmentof thetrialcourtdetermining that, pursuant to a personal umbrella insurance policy issued by theplaintiffs in favor ofthe defendant Jeffrey S. Pasiak,1 the plaintiffs had a duty to defend the defendantandtoindemnifyhimfordamagesawardedagainst ... More... $0 (11-02-2015 - CT) |
Jacob Doe v. Hartford Roman Catholic Diocesan Corporation |
A jury found that the defendant, the |
Mario Fiallo v. Allstate Insurance Company |
The plaintiff, Mario Fiallo, appeals from the judgment of the trial court denying his request to amend his complaint to add bad faith claims after a jury verdict in his favor and granting the motion of the defendant, Allstate Insurance Company, to subtract amounts from the jury verdict, as contemplated by the plaintiff’s insurance policy, before rendering judgment. |
Sandhya Desmond v. Yale-New Haven Hospital, Inc. |
The plaintiff, Sandhya Desmond, appeals from the judgment of the trial court dismissing her complaint against the defendants, Yale-New Haven Hospital, Inc. (hospital), and Yale-New Haven Health Services, Inc., alleging workers’ compensation fraud; statutory negligence; breach of contract; violations of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq.; and v... More... $0 (09-16-2012 - CT) |
Maria E. Mills v. The Solution, LLC |
The plaintiff, Maria E. Mills, executrix of the estate of Clarence Israel Mills (decedent), appeals from the summary judgments rendered by the trial court in favor of the defendants the city of Bridgeport (city); Philip C. Handy, the director of the city’s department of parks and recreation; Anthony Armeno, the city’s acting chief of police at the time of the subject incident; 5 Star Amusement... More... $0 (09-16-2012 - CT) |
Carlos Garcia v. City of Bridgeport |
The plaintiff in this declaratory judgment action, Carlos Garcia, appeals from the judgment of the trial court rendered in favor of the defendant, the city of Bridgeport, determining the limits of the defendant’s underinsured motorist coverage1 in its capacity as a self-insurer to be the statutory minimum of $20,000 per person and $40,000 per occurrence on the basis of a purported request by the... More... $0 (09-16-2012 - CT) |
Donna Wikander v. Asbury Automotive Group |
The question in this case is whether, pursuant to the proviso set forth in General Statutes § 31- 294c (a), the one year or the two year filing period applies to a dependent’s claim for workers’ compensation benefits when an employee suffers a work-related accident and dies on the same day. The defendants, Asbury Automotive Group/David McDavid Acura (Asbury) and its insurer, Travelers Indemni... More... $0 (08-28-2012 - CT) |
Cambridge Mutual Fire Insurance Company v. John A. Sakon |
The defendant John A. Sakon1 appeals from the summary judgment rendered by the trial court in favor of the plaintiff, Cambridge Mutual Fire Insurance Company. On appeal, the defendant argues that the court erroneously determined that the plaintiff owed no duty to defend or to indemnify the defendant by concluding that (1) the business exclusion of the homeowner’s insurance policy issued by the p... More... $0 (11-27-2011 - CT) |
Christopher E. Johnson v. Connecticut Insurance Guaranty Association |
The plaintiffs, Christopher E. Johnson, individually and in his capacity as administrator of the estate of Debra L. Johnson, his deceased wife, brought the present declaratory judgment action seeking, inter alia, a determination that certain medical malpractice claims that they had asserted in an action against the defendant Middlesex Obstetrics and Gynecology Associates, P.C. (Middlesex), were co... More... $0 (11-07-2011 - CT) |
The FCM Group, Inc. v. Jeffrey T. Miller |
In this breach of contract and lien foreclosure action arising out of a dispute concerning the construction of a single-family home in the town of Greenwich, the named defendant, Jeffrey T. Miller, who owns the home, and the defendant Cheryl Miller, his wife,1 appeal, and the plaintiff, The FCM Group, Inc., the builder of the home, and the third party defendant, Frank C. Mercede III,2 cross appeal... More... $0 (05-10-2011 - CT) |
Turi Rostad v. Leon Hirsch |
In this contested paternity action, after genetic testing established that the defendant was the father of the plaintiff’s child, the trial court awarded pendente lite attorney’s fees to each member of the mother’s litigation team. The father’s appeal contests the amount of the fees awarded to the mother’s attorneys. We must decide whether we have jurisdiction to hear this interlocutory ... More... $0 (04-19-2011 - CT) |
Kevin Riley v. Melvin Pierson |
The plaintiff, Kevin Riley, appeals from the summary judgment rendered by the trial court in favor of the defendants, Melvin Pierson and Virginia Pierson, in an action arising out of his repayment of a promissory note. The court denied the plaintiff’s motion for summary judgment with respect to the plaintiff’s claims of breach of contract, unjust enrichment and quantum meruit, and rendered sum... More... $0 (02-08-2011 - CT) |
Francis J. Churchville, Jr. vc. Bruce R. Daly Mechanical Contractor |
The dispositive issue in this workers’ compensation appeal is whether a surviving spouse of a deceased employee who had been receiving temporary total incapacity benefits is entitled to an award of permanent partial disability benefits only if the employee had affirmatively requested permanent partial disability benefits prior to his death. The defendants, Bruce R. Daly Mechanical Contractor (Da... More... $0 (12-14-2010 - CT) |
David Ciarlelli v. Town of Hamden |
This appeal requires us to determine when the one year limitation period of General Statutes § 31-294c (a)1 begins to run on a claim for hypertension benefits under General Statutes § 7-433c.2 The plaintiff, David Ciarlelli, appeals3 from the decision of the compensation review board (board), which affirmed the decision of the workers’ compensation commissioner for the third district (commissi... More... $0 (12-21-2010 - CT) |
Michael J. Woodruff v. Tasha Hemingway |
This appeal arises from a negligence action brought by the plaintiff, Michael J. Woodruff,1 against the sole defendant, Tasha Hemingway, resulting from an automobile accident in which the defendant, a state employee, caused the vehicle that she was driving to collide with the rear of the plaintiff’s vehicle. The plaintiff now appeals from the judgment of dismissal rendered in favor of the defend... More... $0 (07-20-2010 - CT) |
Paul Bonington v. Town of Westport |
The plaintiffs, Paul Bonington and Julie Bonington, appeal1 from the summary judgment rendered in favor of the defendants, the town of Westport (town), the town’s planning and zoning department (department) and three department employees (individual defendants)2 in the plaintiffs’ negligence action. The plaintiffs had sought to recover litigation expenses they incurred in bringing an action ag... More... $0 (07-06-2010 - CT) |
Allstate Insurance Company v. Stephen Palumbo, et al. |
The issue in this certified appeal is whether the Appellate Court properly affirmed the judgment of the trial court concluding that the plaintiff, Allstate Insurance Company, could hold the named defendant, Stephen Palumbo (defendant),1 liable under the doctrine of equitable subrogation to recover damages the plaintiff had paid under a homeowner’s insurance policy issued to its insured, the defe... More... $0 (05-18-2010 - CT) |
David M. Lehn v. Marconi Builders, LLC, et al. |
The plaintiff, David M. Lehn, administrator of the estate of Richard Aiello, appeals from the judgment of the trial court, Holzberg, J., opening the judgment rendered against the defendants, Marconi Builders, LLC (Marconi Builders), and James P. Marconi. On appeal, the plaintiff claims that, under General Statutes § 52-212a, the court lacked authority to open the judgment. We disagree and therefo... More... $0 (04-20-2010 - CT) |
Timothy Thibodeau v. American Baptist Churches of Connecticut, et al. |
The first amendment to the constitution of the United States and article first, § 3, of the constitution of Connecticut prohibit the state’s involvement in the internal doctrinal matters of religious organizations. |
Carmine J. Espositio, et al. v. Lori Digennaro, et al. |
The defendants, Lori DiGennaro and Robert DiGennaro, appeal from the judgment of the trial court in favor of the plaintiffs, Carmine J. Esposito and National Waste Associates, LLC (NWA). The defendants claim that the court improperly concluded that they had waived certain rights provided for by way of a stipulated judgment in a prior action. We agree and, accordingly, reverse in part the judgment ... More... $0 (04-26-2010 - CT) |
Dow-Westbrook, Inc. v. Candlewood Equine Practice, L.L.C. |
The plaintiff, Dow-Westbrook, Inc., appeals after a trial to the court, from the judgment in favor of the defendant, Candlewood Equine Practice, LLC (Candlewood Equine), finding that the defendant was not negligent as a result of injuries suffered by the plaintiff’s horse, Eiffel Tower, at the defendant’s veterinary clinic. On appeal, the plaintiff argues that the court erred by finding (1) in... More... $0 (03-09-2010 - CT) |
Middlesex Mutual Assurance Company v. Marguerite A. Komondy |
The defendant, Marguerite A. Komondy, appeals from the judgment of the trial court granting the application to confirm an arbitration award filed by the plaintiff, Middlesex Mutual Assurance Company, and denying her motion to vacate the award. The defendant claims that the court improperly (1) confirmed the award and denied her motion to vacate and (2) failed to issue an order specifying the manne... More... $0 (03-30-2010 - CT) |
Martin Derrane v. City of Hartford, et al. |
The sole issue in this appeal is whether General Statutes § 7-433d1 relieves a municipality from liability for a workers’ compensation claim made by one of its employees, a paid firefighter, who was injured during the course of his employment while fighting a fire, pursuant to a request for mutual aid assistance, in a neighboring municipality. The named defendant, the city of Hartford (Hartford... More... $0 (03-03-2010 - CT) |
Mieczyslaw Karwowski v. Andrew Fardy |
The plaintiff Mieczyslaw Karwowski1 appeals from the summary judgment rendered by the trial court in favor of the defendants Andrew Fardy and Travelers Indemnity Company (Travelers) in this malicious prosecution case. On appeal, the plaintiff claims that the court improperly granted the defendants’ motion for summary judgment, failing to view the evidence in the light most favorable to him as th... More... $0 (12-22-2009 - CT) |
Patricia L. Votre v. County Obstetrics and Gynecology Group, P.C., et al. |
This case arises out of events surrounding the tragic loss of a child. If there are those of us who have not been the parent, we have all been the child. That experience teaches us that there is no closer human bond nor a more painful loss. Although the enormity of such a loss is easily comprehensible to anyone with knowledge of the human condition, the trial judge, armed with such knowledge, none... More... $0 (04-07-2009 - CT) |
Sylvan R. Shemitz Designs, Inc. v. Newark Corporation, et al. |
Under General Statutes §§ 52-572m (d)1 and 52-572n (c)2 of the Connecticut Product Liability Act (act); see General Statutes § 52-572m et seq.; commercial losses, in contrast to damage to property, are not recoverable in a product liability action as between commercial parties. In this case, Elliptipar, Inc. (Elliptipar), a division of the plaintiff company, Sylvan R. Shemitz Designs, Inc. (pla... More... $0 (04-16-2009 - CT) |
National Grange Mutual Insurance Company v. Felix, C. Santaniello, et al. |
In this appeal, we consider the relationship between general garage operations insurance coverage and a specific dealer plate endorsement with respect to the coverage of dealer plates affixed to a recently sold used car. The named defendant, Felix C. Santaniello, and the defendant Felix R. Santaniello, administrators of the estate of Elizabeth Santaniello, appeal1 from the declaratory judgment ren... More... $0 (01-13-2009 - CT) |
Cue Associates, LLC v. Cast Iron Associates, LLC |
The plaintiff, Cue Associates, LLC, appeals from the judgment of the trial court in favor of the defendant, Cast Iron Associates, LLC. On appeal, the plaintiff claims that the court improperly applied the statute of limitations found in General Statutes § 52- 577 to bar the plaintiff’s trespass claim, when the defendant did not plead this statute of limitations as a special defense. We agree wi... More... $0 (11-04-2008 - CT) |
Cue Associates, LLC v. Cast Iron Associates, LLC |
The plaintiff, Cue Associates, LLC, appeals from the judgment of the trial court in favor of the defendant, Cast Iron Associates, LLC. On appeal, the plaintiff claims that the court improperly applied the statute of limitations found in General Statutes § 52- 577 to bar the plaintiff’s trespass claim, when the defendant did not plead this statute of limitations as a special defense. We agree wi... More... $0 (11-05-2008 - CT) |
National Publishing Company, Inc. v. Hartford Fire Insurance Company |
The sole issue in this certified appeal is whether the trial court properly refused to charge the jury on the defendant’s special defense of late notice in this action for breach of an insurance contract. The defendant, Hartford Fire Insurance Company (Hartford), appeals, following our grant of certification,1 from the judgment of the Appellate Court, which affirmed the judgment of the trial cou... More... $0 (07-08-2008 - CT) |
Ellen Palmer, et al. v. Friendly Ice Cream Corporation |
The sole issue raised by this appeal is whether an order denying class certification is an appealable final judgment. The plaintiffs,1 thirty-seven persons employed as waiters or waitresses by the defendant, Friendly Ice Cream Corporation, appealed from the order of the trial court to the Appellate Court, which dismissed the appeal for lack of a final judgment. We granted the plaintiffs' pe... More... $0 (02-05-2008 - CT) |
N.E. Leasing, LLC v. Leonard Paoletta Trustee, et al. |
The primary issue in this protracted foreclosure litigation is the reasonableness of the trial court's award of attorney's fees to a plaintiff in a foreclosure action. Where the note, mortgage and guarantee signed by the parties to be charged include indemnity provisions for reasonable attorney's fees in the event the lender incurs such fees to protect its interest in the mortgaged prope... More... $119000 (06-27-2005 - CT) |
Stephen Piersa v. Phoenix Insurance Company, et al. |
In this appeal, the plaintiff, Stephen Piersa, raises a question of law as to whether a selfinsured municipal employer must create a writing giving notice of its intention to reduce its uninsured motorist coverage by the amount of workers' compensation benefits (compensation benefits) paid to an employee. We conclude that a self-insured municipal employer may reduce the limits of its uni... More... $0 (05-10-2004 - CT) |
David J. Dacruz v. State Farm Fire and Casualty Company |
The dispositive issue raised by this certified appeal is whether a judgment declaring that the defendant, State Farm Fire and Casualty Company (State Farm), had no duty to defend its insured against a claim brought by the plaintiff, David J. DaCruz, bars the plaintiff, under principles of collateral estoppel, from holding State Farm liable, pursuant to General Statutes § 38a-321,1 for da... More... $0 (05-02-2004 - CT) |
STEVEN CHILA v. RICHARD L. STUART ET AL. |
In this action arising out of a contract dispute, the plaintiff, Steven Chila, appeals from the judgment of the trial court rendered in accordance with the report of an attorney trial referee (referee) in favor of the defendants, Richard L. Stuart and Robert L. Stuart, on their counterclaim against the plaintiff. The plaintiff had acted as a consultant to the defendants in forming a corp... More... $0 (02-16-2004 - CT) |
Gary J. Wilson v. City of Stamford |
The plaintiff, Gary J. Wilson, appeals from the decision of the workers' compensation review board (board) reversing the determination by the workers' compensation commissioner for the seventh district (commissioner) that the plaintiff was entitled to health insurance while he was receiving medical benefits for a compensable injury. On appeal, the plaintiff claims that the board improper... More... $0 (02-02-2004 - CT) |
Patrick Distassio v. Allstate Indemnity Company |
The defendant, Allstate Indemnity Company, appeals from the judgment of the trial court awarding damages to the plaintiff, Patrick Distassio. The defendant specifically claims that the court improperly (1) denied its motion to set aside a default for failure to appear, (2) denied its right to a trial by jury and (3) failed to reduce the plaintiff's damage award. We agree with the defenda... More... $0 (01-12-2004 - CT) |
PSE CONSULTING, INC. v. FRANK MERCEDE AND SONS, INC., ET AL. |
This appeal concerns the rights of a surety, pursuant to an indemnity agreement, to indemnification for payments made in settling a claim against a surety bond. The sole parties in this appeal are National Fire Insurance Company of Hartford (National) and Frank Mercede and Sons, Inc. (Mercede), the two defendants in the underlying action.1 National, a commercial surety company, appeals2 ... More... $0 (01-07-2004 - CT) |