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Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)

Citation
Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Parent Document
Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Jurisdiction
Connecticut (state)
Effective Date
2020-09-30

Other Sections in This Document (50)

Full Text

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tamination at their own expense, and the property was
          remediated in accordance with a stipulated judgment
          that had entered in a separate civil action commenced
          by DEEP against the plaintiff corporation.
             A letter dated August 1, 2014, memorialized a second
          agreement between Girouard and the defendants for
          ‘‘additional services to be rendered’’ on the Subway por-
          tion of the premises. This letter established that Girou-
          ard would procure various approvals and permits, includ-
          ing planning and zoning approval, for modifications
          made to the previously approved building plans. Girou-
          ard would also ‘‘[o]btain planning [and] zoning approval
          for retail food use.’’ In exchange, the defendants would
          pay Girouard an additional $9000.
            On September 15, 2014, the defendants obtained a
          building permit for the Subway portion of the premises.
          The defendants continued to pay monthly rent through
          November, 2014, but stopped paying rent in December.
          At that point, the renovations of the premises remained
          incomplete, and the defendants, through Girouard, still
          had not yet obtained certificates of occupancy for either
          the retail rug gallery or the Subway portions of the
          premises. The defendants also failed to pay rent in Janu-
          ary and February, 2015. On January 7, 2015, the plaintiffs
          served a notice to quit on Sassoon, thereby terminating
          the lease.
             Despite the notice to quit, the defendants did not
          vacate the premises. Renovations continued, and the
          defendants obtained a certificate of occupancy for the
          rug gallery portion of the premises in February, 2015.
          They opened the rug gallery for business on March
          1, 2015. Also in March, the defendants began making
          monthly use and occupancy payments to the plaintiffs
          in the amount of $16,338 per month. They obtained a
          certificate of occupancy for the Subway portion of the
          premises on June 5, 2015.
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