Woodbridge Crossing Condominium Assn., Inc. v. Ferguson, 229 Conn.App. 99

Woodbridge Crossing Condominium Association sued Gwendolyn Ferguson, a condo unit owner, seeking foreclosure for alleged nonpayment of common fees spanning at least six years.
The case was tried to the court in the Superior Court, judicial district of New Haven, before Judge K. Murphy, who rendered judgment in favor of Ferguson (the defendant).
The main evidence from the plaintiff included partial bank records and property manager testimony, indicating non-receipt of payments.
The defendant presented her own testimony, asserting she had always paid, supported by credible letters and statements from former property management companies showing her account in good standing or with only modest balances due.
The court found inconsistencies between the parties' records and determined that the plaintiff failed to meet its burden of proof that Ferguson was delinquent; it found the defendant credible.
On appeal, the Appellate Court affirmed the trial court’s judgment for Ferguson, holding there was sufficient evidentiary support for the trial court’s findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the plaintiff met its burden to prove nonpayment of common charges	Bank records and property manager testimony were solid evidence of nonpayment	Defendant was up-to-date, corroborated by her testimony and written statements from management companies	Trial court was not clearly erroneous in finding no default; plaintiff failed to sustain its burden

O & G Industries, Inc. v. American Home Assurance Co., 204 Conn. App. 614 (standard for appellate review of factual findings is clearly erroneous)
Schiavone v. Bank of America, N.A., 102 Conn. App. 301 (court reviews factual findings for clear error and defers to trial court’s credibility determinations)
Rockhill v. Danbury Hospital, 176 Conn. App. 39 (exclusive role of the factfinder in weighing evidence and determining witness credibility)