Preview:

****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

CADLE COMPANY v. DAVID D'ADDARIO, EXECUTOR (ESTATE OF F. FRANCIS D'ADDARIO), ET AL. (AC 31174) (AC 31674) (AC 32066)
Gruendel, Robinson and West, Js. Argued May 25--officially released September 6, 2011

(Appeal from Superior Court, judicial district of Stamford-Norwalk, Complex Litigation Docket, Hon. Edward R. Karazin, Jr., judge trial referee [defendants' motion to strike]; Shay, J. [plaintiff's motion to strike counterclaim; motion to reargue]; Blawie, J., [plaintiff's motion for summary judgment; plaintiff's motion to preclude; defendants' motion to preclude; motion to set aside; judgment]). Gary S. Klein, with whom was Susan R. Briggs, for the appellants-appellees (defendants). C. Donald Neville, for the appellee-appellant (plaintiff).

Opinion

GRUENDEL, J. In these consolidated appeals, the defendants, David D'Addario and Lawrence D'Addario, as coexecutors of the estate of F. Francis D'Addario (decedent), appeal from the judgment of the trial court rendered in favor of the plaintiff, Cadle Company, in connection with a jury trial of a collection action. On appeal, the defendants claim that the court improperly (1) denied their motion to strike the plaintiff's prayer for relief, (2) granted the plaintiff's motion to strike their counterclaims, (3) denied their motion to set aside the verdict, and (4) awarded the plaintiff statutory postjudgment interest. We affirm the judgment of the trial court with respect to the defendants' first three claims but reverse its award of statutory postjudgment interest. Also, on cross appeal, the plaintiff claims that the court improperly held that it was not entitled to recover a delinquency charge provided for in a demand note (note) executed by the decedent.1 We agree, and, accordingly, reverse that portion of judgment of the trial court. The judgment is affirmed in all other respects. The record reveals the following relevant facts and procedural history. In 1985, the decedent executed the note, which had a principal value of $1 million. Following his death in 1986, the defendants, the decedent's two sons, were appointed as coexecutors of the decedent's estate. In 1994, the Bank of New Haven (bank) transferred the note and all of its right, title, and interest therein to the plaintiff. In 2002, the plaintiff commenced this action to collect on the note. On March 29, 2006, the defendants filed an answer and a three count counterclaim alleging: (1) violations of the Connecticut Unfair Trade Practices Act, General Statutes

Download Cadle Co. v. D

Connecticut Law