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/ ↗

Full Text

1,221 chars

After hearing from the parties, the court granted the
       motion to dismiss, finding that the plaintiff’s conduct
       after service of the notice to quit had rendered the
       notice to quit equivocal. In its oral decision, the court
       explained that ‘‘[t]he fact that the complaint wasn’t
       brought for another five, six months [after service of
       the notice to quit] while these communications were
       going on, while statements went out asking for rent,
       while the items that went for taxes, water, sewer, which
       are items on the rent, while late fees are still showing
       up on invoices, and a complaint got served five, six
       months later as a negotiation tactic probably, but I think
       by that point this lease was reinstated by the actions
       of the parties by the acceptance of the payment. . . .
       [B]ased on the testimony before the court, I can’t find
       that this was not equivocated. The intent, the waiting
       the five months . . . during a global pandemic, the
       motion to dismiss is granted. The notice to quit was
       equivocated. The lease was reinstated as of the accep-
       tance of that payment.’’ This appeal followed.

Other Sections in This Document (43)

Full Text