(DOWNLOAD) "Willimantic Car Wash Inc. v. Zoning Board of Appeals of Town of Windham" by Connecticut Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Willimantic Car Wash Inc. v. Zoning Board of Appeals of Town of Windham
- Author : Connecticut Supreme Court
- Release Date : January 23, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
The defendants, Benistar Property Exchange Trust Company, Inc. (Benistar Property), Benistar, Ltd., and Daniel E. Carpenter, appeal, upon our grant of certification, from the judgment of the Appellate Court affirming the trial courts decision granting the application filed by the plaintiff, Gail A. Cahaly, for a prejudgment remedy against the defendants. Cahaly v. Benistar Property Exchange Trust Co., 73 Conn. App. 267, 269, 812 A.2d 1 (2002). The defendants claim that the Appellate Court improperly affirmed the trial courts decision because: (1) the prejudgment remedy statutes, General Statutes § 52-278a et seq., do not provide the Superior Court with the authority to grant a prejudgment remedy based on an action pending in the courts of another state; (2) as a matter of law, the plaintiff failed to establish probable cause to support her application for a prejudgment remedy; and (3) as a matter of law, the plaintiffs complaint does not support the granting of a prejudgment remedy against Carpenter in his individual capacity. In response, the plaintiff claims that nothing in the statutory scheme governing prejudgment remedies prohibits a plaintiff in an out-of-state matter from securing the Connecticut assets of a defendant when the plaintiff anticipates filing her out-of-state judgment in Connecticut. We agree with the defendants first claim. Accordingly, we reverse the judgment of the Appellate Court.
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