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J & E Investment Co., LLC v. Athan
State: Connecticut
Court: Court of Appeals
Docket No: AC30950
Case Date: 12/31/1969
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. ******************************************************

J & E INVESTMENT COMPANY, LLC v. WILLIAM ATHAN ET AL. (AC 30950)
DiPentima, C. J., and Robinson and Mihalakos, Js. Argued May 24--officially released September 20, 2011

(Appeal from Superior Court, judicial district of New London, Martin, J. [stipulated judgment; motions to open; motions for reargument; order dissolving certificate of foreclosure; articulations]; Hon. Seymour L. Hendel, judge trial referee [order of priority of encumbrances; articulations].) Mark S. Rosenblit, for the appellant (plaintiff). Gerald L. Garlick, for the appellee (defendant Velocity Commercial Capital, LLC).

Opinion

DiPENTIMA, C. J. The plaintiff, J & E Investment Company, LLC, appeals from the judgment of the trial court granting the motion of the defendant Velocity Commercial Capital, LLC,1 to open and to set aside the stipulated judgment of strict foreclosure and the court's determination that the defendant's mortgage had priority over the plaintiff's mortgage. The plaintiff claims that the court improperly (1) opened the judgment pursuant to General Statutes (Rev. to 2007)
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