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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

2,746 chars
II
                                           AC 46038
                                               A
             First, we address the claim raised by the defendants
          in AC 46038 that the notice to quit served on them was
          invalid. We are not persuaded.
            The following additional factual and procedural his-
          tory is relevant to this appeal. It is not in dispute that
          the notice to quit served on the defendants was signed
          by Mark A. Sank, who is identified on the notice to quit
          as the attorney for ‘‘Theresa K. Freccia, Executor.’’12 The
          original complaint was brought by ‘‘Theresa K. Freccia,
          executor of the estate of Frank J. Freccia, Jr.’’ The
          of parties, not an appellate court, to clearly identify how and where in the
          record the claim that the party is raising on appeal was preserved for review
          and where in the record the trial court’s ruling on the claim may be found
          . . . . That is especially true in a case . . . in which the pleadings are
          voluminous. We, therefore, decline to review this claim.’’ (Citation omitted;
          emphasis omitted; internal quotation marks omitted.) State ex rel. Dunn v.
          Burton, 229 Conn. App. 267, 294, 327 A.3d 982 (2024). This court’s rationale
          in Burton applies equally to the claim before us. Relying on the authority
          discussed in this opinion, and because the defendants have not demonstrated
          that they are entitled to an extraordinary level of review of this unpreserved
          claim, we decline to reach its merits.
             12
                The notice to quit provides: ‘‘I hereby give you notice that you are to
          quit possession of the premises located at 40 Locust Street, Building 2 and
          Garage now occupied by you, on or before September 19, 2021, for the
          following reasons:
             ‘‘-Nonpayment of Rent
             ‘‘-Lapse of Time
             ‘‘-You never had a right or privilege to occupy the premises or any part
          thereof
             ‘‘-You originally had a right or privilege to occupy the premises, or any
          part thereof, but such right or privilege has terminated
             ‘‘All payments tendered after service of this Notice to Quit will be
          accepted as use and occupancy, attorney’s fees and costs without
          waiving any rights to proceed with an eviction action.
             ‘‘Dated at Stamford, Connecticut this 13th day of August, 2021.
             ‘‘Theresa K. Freccia, Executor
             ‘‘By Mark A. Sank, Her Attorney.’’
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