139 Conn. App. 129
Conn. App. Ct.2012Background
- Quinto and Approved Purification Corporation filed entry and detainer actions after Crescienzo and Giuseppe Boccanfusco purchased title to 650 Knowlton Street at a municipal tax-foreclosure sale.
- Defendants entered the property August 20, 2011; gates were open, doors unsecured, removed unregistered vehicles, disposed debris, and used their own locks.
- Quinto claimed ownership and possession; police treated it as a civil matter; ex parte temporary injunctions were granted August 26, 2011 and defendants provided keys thereafter.
- Trial court consolidated the actions, heard testimony from four witnesses, and reviewed exhibits including photographs and a vehicle title certificate.
- The court found the building unsafe and not fit for habitation, noted lack of utilities since prior years, and rejected Quinto’s credibility and the claim of possession.
- The court concluded the plaintiffs failed to prove actual possession under § 47a-43 and dismissed the actions; the appellate issue is whether this factual finding was clearly erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Quinto and corp. had actual possession under § 47a-43 | Quinto asserts possession through dominion and control. | Defendants contend lack of adequate dominion and control suffices to defeat possession. | No actual possession; court’s factual findings supported denial of possession. |
| Whether the trial court properly credited credibility determinations | Witnesses showed ongoing possession and control. | Court properly distrusted credibility and evidentiary weight. | Appellate review confirms no clear error in credibility findings supporting dismissal. |
Key Cases Cited
- Wilcox v. Ferraina, 100 Conn. App. 541 (2007) (standard for reviewing factual findings; limits on reweighing evidence)
- Bedard v. Weston Motors, LLC, 121 Conn. App. 760 (2010) (plenary review of conclusions of law)