128 Conn. App. 805
Conn. App. Ct.2011Background
- Plaintiff obtained title to 38 Georgetown Rd, Weston, via a February 14, 2007 foreclosure certificate.
- Notice to quit was served by abode service on February 2, 2009.
- Plaintiff filed this summary process action on February 20, 2009.
- Defendants moved to dismiss on April 3, 2009 for failure to name owner in the notice.
- Trial occurred April 8, 2010 with judgment of possession for plaintiff.
- Appellate issue: whether notice to quit was defective for not naming the owner; court affirmed that notice need not name the owner under § 47a-23.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the notice to quit must name the owner. | Karl and Moore argue notice must name owner. | Karl and Moore contend lack of owner name deprives jurisdiction. | No; notice may be by owner or legal representative; statute is disjunctive. |
Key Cases Cited
- Evergreen Corp. v. Brown, 35 Conn. Sup. 549 (1978) (attorney may sign notice; need not name owner in all cases)
- Webb v. Ambler, 125 Conn. 543 (1939) (notice may be signed by an authorized attorney)
- Giannitti v. Stamford, 25 Conn. App. 67 (1991) (interpretation of 'or' as disjunctive)
- State v. Breton, 212 Conn. 258 (1989) ('or' interpreted as alternative word in statute)
- Ventres v. Goodspeed Airport, LLC, 275 Conn. 105 (2005) (court refused to supply omitted statutory language)