Waterbury Twin, LLC v. Renal Treatment Centers-Northeast, Inc., 974 A.2d 626 (2009)

Citation: Waterbury Twin, LLC v. Renal Treatment Centers-Northeast, Inc., 974 A.2d 626 (2009)
Parent Document: Waterbury Twin, LLC v. Renal Treatment Centers-Northeast, Inc., 974 A.2d 626 (2009)
Jurisdiction: Connecticut (state)
Effective Date: 2009-07-14
Original Source: https://www.courtlistener.com/opinion/1539908/waterbury-twin-llc-v-renal-trea... ↗

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The defendants then moved to dismiss this action for lack of subject matter jurisdiction, claiming that the plaintiffs, after withdrawing the initial complaint, were required to serve a new notice to quit prior to commencing this summary process action. The trial court, relying on the Appellate Court’s decision in Housing Authority v. Hird, 13 Conn. App. 150, 156-57, 535 A.2d 377, cert. *464denied, 209 Conn. 825, 552 A.2d 433 (1988), concluded that the plaintiffs’ withdrawal of the initial complaint had revived the lease by returning the parties to “square one,” namely, “the status quo prior to the service of the notice to quit.” The trial court concluded, therefore, that the plaintiffs were required to serve a new notice to quit prior to commencing the current action. The trial court further stated, in dicta, that the notice to quit was itself invalid, notwithstanding the fact that it “tracked” the language of § 47a-23, because it failed to provide adequate notice as to which moneys were due, specifically, base rent or additional rent. Accordingly, the trial court granted the defendants’ motion to dismiss and rendered judgment dismissing the new complaint. This appeal followed.

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