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
Original Source: https://www.courtlistener.com/opinion/4900130/boccanfuso-v-daghoghi/ ↗

Full Text

2,459 chars

because the defendants’ failure to pay rent was wilful.
We agree with the plaintiffs that the trial court did not
abuse its discretion when it rejected the defendants’
defense of equitable nonforfeiture on the facts of this
case and, therefore, affirm the judgment of the Appel-
late Court.
Our standard of review is clear. ‘‘We employ the abuse
of discretion standard when reviewing a trial court’s
decision to exercise its equitable powers. . . . Although
we ordinarily are reluctant to interfere with a trial
court’s equitable discretion . . . we will reverse where
we find that a trial court acting as a court of equity
could not reasonably have concluded as it did . . . or
to prevent abuse or injustice. . . . In reviewing claims
of error in the trial court’s exercise of discretion in mat-
ters of equity, we give great weight to the trial court’s
decision. . . . [E]very reasonable presumption should
be given in favor of its correctness.’’ (Citations omitted;
internal quotation marks omitted.) Presidential Village,
LLC v. Phillips, 325 Conn. 394, 407, 158 A.3d 772 (2017).
We remain mindful that ‘‘[o]ur practice in this [s]tate
has been to give a liberal interpretation to equitable rules
in working out, as far as possible, a just result . . . .’’
(Internal quotation marks omitted.) 19 Perry Street,
LLC v. Unionville Water Co., 294 Conn. 611, 630, 987
A.2d 1009 (2010).
‘‘The doctrine of equitable nonforfeiture is a defense
implicating the right of possession that may be raised
in a summary process proceeding, and is based on the
principle that [e]quity abhors . . . a forfeiture.’’ (Inter-
nal quotation marks omitted.) Connecticut Light &
Power Co. v. Lighthouse Landings, Inc., 279 Conn. 90,
106 n.15, 900 A.2d 1242 (2006). ‘‘Equitable principles bar-
ring forfeitures may apply to summary process actions
for nonpayment of rent if: (1) the tenant’s breach was
not [wilful] or grossly negligent; (2) upon eviction the
tenant will suffer a loss wholly disproportionate to the
Page 14 CONNECTICUT LAW JOURNAL July 20, 2021

Other Sections in This Document (50)

Full Text