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STATE OF CONNECTICUT v. BACON CONSTRUCTION COMPANY, INC., ET AL. (SC 18360)
Norcott, Palmer, McLachlan, Vertefeuille and Gruendel, Js. Argued January 14--officially released April 5, 2011

Jared Cohane, with whom were Peter J. Martin and, on the brief, Timothy T. Corey and Richard F. Wareing, for the appellant (named defendant). Timothy S. Fisher, with whom were Charles D. Ray and, on the brief, Brian P. Rice, for the appellee (plaintiff).

Opinion

VERTEFEUILLE, J. The named defendant, Bacon Construction Company, Inc.,1 appeals2 from the trial court's decision overruling its objection, on collateral estoppel grounds, to the application for a prejudgment remedy filed by the plaintiff, the state of Connecticut, on behalf of its department of public works and its department of correction. The dispositive issue in this appeal is whether a party properly may appeal from such a ruling prior to a decision granting or denying the application for a prejudgment remedy. We conclude that a ruling precluding a collateral estoppel defense to an application for a prejudgment remedy does not come within our exception permitting an immediate appeal from the denial of a claim of collateral estoppel, and, accordingly, may not be appealed prior to a ruling on the application itself. We therefore dismiss the defendant's appeal. The record reveals the following undisputed facts and procedural history. In 1992, the defendant entered into a contract with the plaintiff to provide masonry services during the construction of fifteen buildings on the grounds of the York correctional institution. After completion of the contract, the defendant filed a demand for arbitration against the plaintiff, asserting breach of contract and seeking money damages. In the course of the arbitration, the plaintiff stipulated that ``for the purposes of this arbitration only: [the defendant] undertook the performance of its obligations under the [c]ontract in strict and full accordance with the plans, specifications, and general and special conditions of the contract and amendments thereto.'' Relying partially on that stipulation, the arbitrator subsequently ruled in favor of the defendant and awarded damages. That award was confirmed by the Superior Court and the trial court's judgment subsequently was affirmed by this court in a separate appeal. Bacon Construction Co. v. Dept. of Public Works, 294 Conn. 695, 987 A.2d 348 (2010). After the arbitrator's initial award, but prior to the Superior Court's confirmation of that award, the plaintiff brought the action underlying this appeal in the Superior Court. The action arises out of the same contract that was the subject of the arbitration and alleges that the defendant was negligent and breached its contract in the construction at York correctional institution. As part of the action, the plaintiff filed an application for a prejudgment remedy against the defendant seeking various forms of relief. See General Statutes

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Connecticut Law