Section 47a-23

Citation: Section 47a-23
Parent Document: Pollansky v. Pollansky, 144 Conn. App. 188 (2013)
Jurisdiction: Connecticut (state)
Effective Date: 2013-07-16
Original Source: https://www.courtlistener.com/opinion/7915215/pollansky-v-pollansky/ ↗

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The defendants also cite Bershtein Enterprises, LLC v. Jim Powers, Superior Court, judicial district of New Haven, Housing Session, Docket No. 0212-73629 (November 1, 2004), in support of their argument that § 47 a-23 (a) (3) requires that the right or privilege to occupy must have been terminated prior to the delivery of the notice to quit. First, Bershtein Enterprises, LLC, is not binding authority and second, it is factually distinguishable on the basis that the court found that the defendant in that case had a continuing right or privilege to use the premises on the basis of having been granted a life use of the premises. That right could not be arbitrarily terminated by any notice, including a notice to quit, in contradistinction to a privilege granted by the benevolence of the owner.

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