135 Conn. App. 831
Conn. App. Ct.2012Background
- Plaintiff Betty Sullivan, conservator of Edith Fryer's estate, filed a summary process action against defendants Anthony Lazzari and Kimberly Albright-Lazzari for possession of 132 Rock Creek Road, New Haven; notice to quit served December 9, 2009; the defendants remained in possession after December 15, 2009.
- Fryer owned the premises; defendants moved in late 2006; no lease was signed and no rent was demanded.
- Trial court found, by a preponderance of the evidence, that the defendants' right to occupy had terminated and granted possession to the plaintiff; a final stay remained through September 15, 2010.
- On appeal, the court noted the plaintiff's testimony was credible and held that the defendants' right to occupy had terminated under General Statutes § 47a-23(a)(3).
- During the appeal Fryer died in 2011 and the probate court appointed Donlin as administrator; the plaintiff sought substitution under General Statutes § 52-599, and Donlin was substituted as plaintiff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to a jury trial in summary process | No right to jury trial in summary process | Constitutional right to jury trial applies | No jury trial right; § 52-215 constitutional in context; summary process lacks jury right |
| Motion to dismiss with prejudice | Notice to quit was proper; court had jurisdiction | Notice defective; lack of jurisdiction | Notice to quit proper; court had jurisdiction and denial proper |
| Motion to strike | Complaint states facts to support claim | Complaint is vague and insufficient | Court properly denied the motion to strike |
| Right to subpoenas and witnesses | Self-represented litigants have right to present evidence; court abused discretion | Requests for subpoenas were improper or overbroad | No abuse of discretion; magistrate allowed cross-examination and case proceeded fairly |
| Substitution of the estate representative | Substitution permitted under § 52-599(b) and continued action | Donlin lacks standing or applicability | Substitution proper; action continued against estate representative |
Key Cases Cited
- Housing Authority v. DeRoche, 112 Conn.App. 355, 962 A.2d 904 (Conn. App. 2009) (summary process must be narrowly construed and strictly followed)
- Kredi v. Benson, 1 Conn.App. 511, 473 A.2d 333 (Conn. App. 1984) (no jury right in summary process; rational basis for § 52-215 constraints)
- Ackerman v. Sobol Family Partnership, LLP, 298 Conn. 495, 4 A.3d 288 (Conn. 2010) (constitutional limitations on right to jury trial; equitable claims)
- Bayer v. Showmotion, Inc., 292 Conn. 381, 973 A.2d 1229 (Conn. 2009) (jurisdictional challenges and standard of review in summary process)
- Ruttenberg v. Dine, 137 Conn. 17, 74 A.2d 211 (Conn. 1950) (historical context on jury trial in summary process)