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JAMES RUGGIERO v. JOSEPH PELLICCI ET AL. (SC 18399)
Norcott, Katz, Palmer, Vertefeuille, Zarella and McLachlan, Js. Argued December 10, 2009--officially released January 19, 2010

Philip Russell, with whom was Christopher W. Caldwell, for the appellants (defendants). Michael C. Jankovsky, for the appellee (plaintiff).

Opinion

PER CURIAM. After the named defendant, Joseph Pellicci, and the defendant, Ann Pellicci, defaulted on a $250,000 promissory note secured by a mortgage on real property located at 296 Glenbrook Road in Stamford (property), the plaintiff, James Ruggiero, brought this foreclosure action, seeking, inter alia, immediate possession of the property, a deficiency judgment, attorney's fees and costs. After the trial court, Jennings, J., referred this matter to an attorney trial referee, Alfred H. Hoddinott, Jr. (referee), the court, Downey, J., subsequently accepted the referee's reports and rendered a judgment for the plaintiff of strict foreclosure and a deficiency judgment. On appeal,1 the defendants contend, inter alia, that Judge Downey improperly accepted the report because the referee had abused his discretion in denying the defendants' motion for permission to amend their various counterclaims and special defenses. We affirm the judgment of the trial court. The record reveals the following relevant facts and procedural history. In April, 2003, the named defendant and the plaintiff entered into an agreement wherein the plaintiff would sell his produce delivery business to the named defendant for a total sale price of $350,000. Of that $350,000, the named defendant paid $100,000 in cash and executed a promissory note, cosigned by Ann Pellicci, in the amount of $250,000, to be secured by a mortgage on the property.2 Because the defendants had failed to make any monthly payments under the note, the plaintiff accelerated the debt pursuant to the note and brought this foreclosure action. The defendants then filed an answer denying the plaintiff's claims, along with numerous special defenses and counterclaims based on allegations that the plaintiff had made misrepresentations to, and taken advantage of, the named defendant in connection with the sale of the business, namely, innocent misrepresentation, intentional misrepresentation, unconscionability, duress and unclean hands. In their special defenses, the defendants sought to preclude the plaintiff from recovering, particularly on his equitable claims; in their counterclaims, the defendants sought money damages, punitive damages, interest, costs, attorney's fees and ``[s]uch other . . . relief [that] the [c]ourt deems just and proper.'' Subsequently, Judge Jennings referred the case to the referee for trial, which commenced on January 31, 2007, and did not conclude until May 24, 2007. While the trial proceedings were pending before the referee, the defendants moved pursuant to Practice Book

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Connecticut Law