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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Firstlight Hydro Generating Co. v. First Black Ink, LLC, 143 Conn. App. 635 (2013)

Citation
Firstlight Hydro Generating Co. v. First Black Ink, LLC, 143 Conn. App. 635 (2013)
Parent Document
Firstlight Hydro Generating Co. v. First Black Ink, LLC, 143 Conn. App. 635 (2013)
Jurisdiction
Connecticut (state)
Effective Date
2013-06-25

Other Sections in This Document (19)

Full Text

1,268 chars
The resolution of this appeal turns on the interpretation of the waiver language contained in paragraph 17 of the lease, and specifically, whether that language constitutes a waiver of a notice to quit where the lease terminates for lapse of time. The defendant claims that our reading of the waiver provision must be constrained by the fact that the title of paragraph 17 and the remainder of its provisions refer to the context of a lessee’s default. The defendant argues that the waiver has no application in circumstances beyond termination of the lease by default of the lessee and does not apply here. The plaintiff, by contrast, asserts that we must read the waiver provision of paragraph 17 in the context of the *641lease as a whole and in conjunction with the summary process statutes—which allow for waiver of a notice to quit only where the operative lease terminates for lapse of time. See General Statutes § 47a-25. The plaintiff thus contends that, notwithstanding the heading or other provisions of paragraph 17, the waiver language must be read as an express waiver of a notice to quit where the lease terminates for lapse of time and, accordingly, operated to waive the defendant’s right to a notice to quit in this case. We agree with the plaintiff.