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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Freccia v. Freccia, 232 Conn. App. 353 (2025)

Citation
Freccia v. Freccia, 232 Conn. App. 353 (2025)
Parent Document
Freccia v. Freccia, 232 Conn. App. 353 (2025)
Jurisdiction
Connecticut (state)
Effective Date
2025-05-06

Other Sections in This Document (93)

Full Text

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plaintiff assured and represented to [him] that he can
         stay in possession and occupancy of the premises and
         operate his business, acknowledging that was his
         father’s intent; reaffirming or ratifying the life tenancy
         or estate granted to [him] by his father.’’ The defendant
         alleged that ‘‘[i]t would be against equity and good con-
         science to deprive [him] of the enforcement of said
         agreement with his father . . . .’’
            These three underlying cases, and two other related
         cases, brought under Docket Nos. CV-XX-XXXXXXX-S and
         CV-XX-XXXXXXX-S, were tried together before the court,
         Spader, J., in 2022.5 On November 17, 2022, the court
         issued a memorandum of decision, stating: ‘‘The . . .
         cases are all essentially claims that any right or privilege
         the defendants had to occupy the respective premises
         has terminated. . . .
            ‘‘The defendants provide similar defenses in all mat-
         ters alleging that the plaintiff has not properly per-
         formed under an alleged life estate the defendants main-
         tain in the premises, that the notices to quit are defective
         because the defendants have life estates and that these
         evictions are inequitable/unconscionable. The defen-
         dants claim by way of counterclaim that they should
         receive an injunction against forfeiture because of
         repairs they performed and/or work performed at sub-
         standard wages to the benefit of the Freccia family. . . .
           ‘‘As an initial matter, before considering the special
         defenses or counterclaims, the court has to consider
           5
             The record reflects that the trial court dismissed the summary process
         action brought under Docket No. CV-XX-XXXXXXX-S, and no appeal was taken
         from that dismissal. See Freccia v. Freccia, Superior Court, judicial district
         of Stamford-Norwalk, Housing Session, Docket No. CV-XX-XXXXXXX-S. The
         record further reflects that the trial court rendered judgment in favor of
         the plaintiff in the summary process action brought under Docket No. CV-21-
         6006597-S. See Freccia v. Doe, Superior Court, judicial district of Stamford-
         Norwalk, Housing Session, Docket No. CV-XX-XXXXXXX-S. Although the defen-
         dants in that action filed an appeal from the judgment, this court dismissed
         the appeal on April 4, 2024.
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