Garage in Greenwich (property), as joint tenants with
rights of survivorship. Upon his death, full title vested
in the plaintiff by operation of law, rendering her the
sole owner of the property. The plaintiff was appointed
the executor of the decedent’s estate.
On or about June 1, 2019, Frank entered into a writ-
ten lease with the plaintiff, his mother, for the use and
occupancy of the property through May 31, 2020. He and
the other defendants4 continued to occupy the property
upon the lease’s expiration, and, on August 14, 2021,
the plaintiff caused a notice to quit to be served on the
defendants, directing them to vacate the premises on or
before September 19, 2021. The notice reflects that it was
issued by “THERESA K. FRECCIA, EXECUTOR” and
was signed by “Mark A. Sank, Her Attorney.” Around
that same time, the plaintiff, in her capacity as executor
of the decedent’s estate, with the assistance of Sank,
also served notices to quit on other relatives occupying
property that was a part of the decedent’s estate.
The plaintiff commenced the underlying summary
process action by writ, summons, and complaint dated
September 20, 2021, which identified the plaintiff in the
action as “Theresa K. Freccia, Executor of the Estate of
Frank J. Freccia, Jr.” A revised complaint filed on Decem-
ber 20, 2021, retained the same designation. On February
10, 2022, the plaintiff moved to substitute herself, in her
individual capacity, as the plaintiff in place of herself
in her capacity as executor of the decedent’s estate. In
support of that motion, the plaintiff represented that
she held title to the property in her individual capacity
as the surviving joint tenant with the decedent and that
it was therefore more appropriate for her to proceed in
that capacity. The defendants did not oppose the motion,
which the trial court granted.
The defendants filed an answer, special defenses, and a
counterclaim. By way of special defenses, the defendants
first alleged that enforcement of a forfeiture under the
4
The defendants are immediate family members: Frank and Tammie
are married, and Locksley and Dartagnan are their children.
Freccia v. Freccia