Tzovolos v. Wiseman
12 A.3d 563
| Conn. | 2011Background
- Two related actions involve ownership and security interests in restaurant equipment; trial court consolidated after transfer of one action and cross-claims were filed.
- Plaintiffs (Basile Tzovolos and Olympia Tzovolos) alleged Wiseman and Seawind breached a purchase agreement, failed payments, promissory note default, unjust enrichment, conversion, and CUTPA violations.
- Hartmann, Sr., Hartmann, Jr., Jason Hartmann, Jason Robert's Concrete, and Jason Robert's, Inc. were alleged to have engaged in fraudulent transfer, personal liability for corporate debts, and tortious interference.
- Alpert Realty, LLC possessed the equipment and allegedly violated CUTPA and interfered with plaintiffs’ contractual relations; it sought indemnification from Hartmann entities.
- Jason Robert's, as plaintiff in the second action, asserted a security interest in the equipment located on Alpert Realty’s premises and claimed access rights to remove it.
- Trial court entered multi-faceted judgments: plaintiffs win on several claims; Alpert Realty awarded indemnification; Hartmann defendants and others faced liability; second action resulted in a judgment against Jason Robert's.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury trial entitlement and procedural timing | Hartmanns deny jury request; pleadings opened late. | Court properly denied untimely jury demand and noted prior rulings. | Affirmed on the trial management and jury-trial timing matters. |
| Security interest recognition and priority | Jason Robert's validly holds a security interest in the equipment. | Alpert Realty and others challenge enforceability/priority of security interests. | Court upheld plaintiffs’ security interest findings. |
| Admission of value testimony | Value testimony is admissible to support damages. | Value of equipment improperly admitted. | Evidence properly admitted or rejected as trial court found. |
| Conversion and fraudulent transfer findings | Hartmann defendants converted equipment and engaged in fraudulent transfer. | Lack of good faith or basis for conversion/transfer. | Court found conversion and fraudulent conveyance by Hartmann defendants. |
| CUTPA liability and personal liability for corporate debts | Hartmann entities violated CUTPA and personal liability applies for corporate debts. | No CUTPA violation or improper piercing of corporate veil. | Hartmann defendants liable for CUTPA and personal liability established. |
Key Cases Cited
- Socha v. Bordeau, 289 Conn. 358 (Conn. 2008) (affirms approach to limiting review and avoiding unnecessary repetition of trial court reasoning)
- Lord Family of Windsor, LLC v. Inland Wetlands & Watercourses Commission, 288 Conn. 669 (Conn. 2008) (emphasizes deference to comprehensive trial court memoranda in appellate review)
