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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (118)

Full Text

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I would conclude that Hird does not support the majority’s conclusion in the present case. The landlord in Hird withdrew the second summary process action in response to the tenant’s motion to dismiss, which claimed that the second notice to quit was defective for failing to comply with applicable federal regulations. Id., 156. Thus, it appears that the second notice to quit was of questionable validity and the landlord’s withdrawal of the second summary process action in Hird *483may not have been a fully voluntary withdrawal, but, instead, the recognition of a procedural defect in the second notice to quit. To the extent that Hird seems to indicate that a notice to quit is vitiated by the landlord’s voluntary withdrawal of a summary process action, therefore, I would limit the application of Hird to the facts of that case. This interpretation of Hird is consistent with our cases, previously cited herein, that have held that an invalid notice to quit does not terminate the lease. I therefore respectfully dissent.