139 Conn. App. 536
Conn. App. Ct.2012Background
- In 2006, Bozelko filed Bozelko v. D’Albero in the New Haven Judicial District; Milici was a defendant.
- In July 2008, Milici moved for summary judgment; Bozelko objected; August 25, 2008, the court granted summary judgment “absent objection or opposition.”
- On April 13, 2009, Bozelko assigned his interest in the action to Edward Jacobs via an assignment stating transfer of all rights in the D’Albero action.
- In August 2011, Bozelko filed a petition for a new trial in D’Albero; he claimed lack of notice of the summary judgment and merits for a new trial.
- Milici moved to dismiss for lack of standing; the court dismissed the petition for lack of standing because of the assignment to Jacobs; Jacobs substituted as plaintiff in D’Albero.
- Subsequently, Jacobs reassigned the action back to Bozelko, but the court’s standing ruling focused on the time of the petition and was not reversed by later reassignment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to petition for a new trial | Bozelko argues he retains standing despite assignment | Milici contends assignment extinguishes Bozelko’s rights | Bozelko lacked standing; assignment transferred rights to Jacobs and mooted his petition. |
| Effect of assignment on standing at time of petition | Reassignment back to Bozelko shows standing | Standing must be evaluated at petition commencement; reassignment later has no retroactive effect | Standing determined at time action commenced; later reassignment does not cure lack of standing at filing. |
Key Cases Cited
- Mall v. LaBow, 33 Conn. App. 359 (1993) (valid assignment transfers exclusive ownership and extinguishes assignor’s rights)
- Wilcox v. Webster Ins., Inc., 294 Conn. 206 (2009) (aggrievement standard for standing)
- Leonard v. Bailwitz, 148 Conn. 8 (1960) (assignee stands in assignor’s shoes)
- LaSalle Bank, National Assn. v. Bialobrzeski, 123 Conn. App. 781 (2010) (standing determined at time action commenced)
- Cimmino v. Household Realty Corp., 104 Conn. App. 392 (2007) (standing considerations in assignment context)
- America’s Wholesale Lender v. Silberstein, 87 Conn. App. 485 (2005) (standing analysis in mortgage/assignment disputes)