Romanczak v. AvalonBay Communities, Inc., 998 A.2d 272 (2010)

Citation: Romanczak v. AvalonBay Communities, Inc., 998 A.2d 272 (2010)
Parent Document: Romanczak v. AvalonBay Communities, Inc., 998 A.2d 272 (2010)
Jurisdiction: Connecticut (state)
Effective Date: 2010-07-13
Original Source: https://www.courtlistener.com/opinion/2163668/romanczak-v-avalonbay-communities-inc/ ↗

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Thereafter, the plaintiffs filed a motion to reargue solely on the issue of whether the defendant was entitled to attorney’s fees for the summary process action after it withdrew the action. To bolster their argument, the plaintiffs relied, in part, on the court’s analysis in adjudicating the vexatious litigation count of their complaint. In that respect, the court found that the defendant’s withdrawal of the summary process action was the result of an agreement reached by the parties. Also, because the defendant withdrew the action, the plaintiffs were not the prevailing parties. In their motion to reargue, the plaintiffs claimed that a party who withdraws an action on the basis of a negotiated settlement is not aprevailing party. 7

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