Section 232-a

Citation: Section 232-a
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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*475VERTEFEUILLE, J., with whom PALMER, J.,
joins, dissenting. I respectfully disagree with the majority’s conclusion that the withdrawal by the plaintiffs, Waterbury Twin, LLC, and 150 MH, LLC, of their summary process action against the defendants, Renal Treatment Centers-Northeast, Inc., and Davita, Inc., revived the written lease between the parties and required the plaintiffs to serve a new notice to quit pursuant to General Statutes § 47a-23 prior to filing a new summary process action against the defendants. After a careful review of our prior cases, I conclude that the majority ignores, or perhaps implicitly overrules, our substantial body of case law that establishes that a valid notice to quit terminates the lease. An additional notice to quit therefore is unnecessary. In addition, I find that the majority’s reliance on New York case law for its conclusion is misplaced.

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