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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[14] We acknowledge that then Judge Borden, in his dissenting opinion in Bridgeport v. Barbour-Daniel Electronics, Inc., supra, 16 Conn. App. at 587, 548 A.2d 744, appears to view "`square one'" under Housing Authority v. Hird, supra, 13 Conn.App. at 157, 535 A.2d 377, as the status quo preceding the filing of the summary process complaint, rather than the service of the notice to quit. Dissenting from the majority's conclusion that an invalid notice to quit was, in addition to not being a proper basis for a summary process action, also a failure to terminate the landlord-tenant relationship; Bridgeport v. Barbour-Daniel Electronics, Inc., supra, at 584, 548 A.2d 744; Justice Borden discussed Hird and noted that "the lease or tenancy under which the parties operated prior to service of the notice to quit will be revived by a judgment for the tenant in any subsequent summary process action alleging termination of the tenancy by service of that notice to quit ... [or] by withdrawal of any subsequent summary process action alleging termination of the tenancy by service of that notice to quit ... by the landlord's communication to the tenant of the withdrawal of the previously served notice to quit; or by any other act by which the landlord clearly acquiesces in the tenant's continued possession of the property." (Citations omitted; emphasis added.) Id., at 595 n. 5, 548 A.2d 744 (Borden, J., dissenting). Although Judge Borden appeared to contemplate the withdrawal of the complaint and the withdrawal of the notice to quit as two different acts, we do not view his comments in Barbour-Daniel Electronics, Inc., as dispositive of the present appeal because this precise issue was not before the court in that case, and the basic premise of his dissent, namely, that an invalid notice to quit nevertheless may operate to terminate a lease, is inconsistent with this court's subsequent decision in Bargain Mart, Inc. v. Lipkis, supra, 212 Conn. at 134, 561 A.2d 1365. See also footnote 19 of this opinion.

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