914 North Colony, LLC v. 99 West, LLC, 226 Conn. App. 720 (2024)

Citation: 914 North Colony, LLC v. 99 West, LLC, 226 Conn. App. 720 (2024)
Parent Document: 914 North Colony, LLC v. 99 West, LLC, 226 Conn. App. 720 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-07-16
Original Source: https://www.courtlistener.com/opinion/10131828/914-north-colony-llc-v-99-west-llc/ ↗

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BRIGHT, C. J. The plaintiff, 914 North Colony, LLC,
       appeals from the judgment of the trial court dismissing
       its summary process action against the defendant, 99
       West, LLC. On appeal, the plaintiff claims that the court
       improperly concluded that the plaintiff had reinstated
       the tenancy by accepting the defendant’s tendered pay-
       ments after service of the notice to quit, despite the
       fact that the notice to quit included a use and occupancy
       disclaimer. We disagree with the plaintiff’s characteriza-
       tion of the court’s judgment and conclude that the court
       properly found that the plaintiff’s actions rendered the
       notice to quit equivocal, thereby depriving the court of
       subject matter jurisdiction over the summary process
       action. Accordingly, we affirm the judgment of the
       trial court.
         The following undisputed facts are relevant to our
       analysis.1 On December 1, 2017, the plaintiff purchased
       a parcel of land located at 914 North Colony Road
       in Wallingford and consented to the assignment and
       assumption of a preexisting lease agreement (lease)
        1
          Prior to trial, the parties submitted a ‘‘joint statement of undisputed
       material facts’’ for the court’s consideration.
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