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Tzovolos v. Wiseman
State: Connecticut
Court: Supreme Court
Docket No: SC18569
Case Date: 02/22/2011
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. ******************************************************

BASILE TZOVOLOS ET AL. v. SCOTT WISEMAN ET AL. JASON ROBERT'S, INC. v. ALPERT REALTY, LLC (SC 18569)
Rogers, C. J., and Norcott, Palmer, Vertefeuille and Alvord, Js. Argued October 27, 2010--officially released February 22, 2011

Daniel Shepro, for the appellants-appellees (defendant Jason Robert's, Inc., et al. in the first action and plaintiff in the second action). Richard W. Callahan, for the appellees-cross appellants (plaintiffs in the first action).

Opinion

PER CURIAM. This appeal arises from two cases involving a complex commercial dispute over the ownership of and security interests in certain restaurant equipment. In the first action, which was brought in the judicial district of New Haven, the plaintiffs, Basile Tzovolos and Olympia Tzovolos, alleged that the defendants Scott Wiseman and Seawind, LLC (Seawind),1 had breached a purchase and sale agreement for the equipment. The plaintiffs alleged, among other things, that: Wiseman and Seawind had failed to make payments for the equipment; Wiseman had breached a promissory note related to the sale of the equipment; Wiseman and Seawind had been unjustly enriched; the defendants Robert D. Hartmann, Sr. (Hartmann, Sr.), Robert D. Hartmann, Jr. (Hartmann, Jr.), Jason R. Hartmann (Jason Hartmann), Jason Robert's Concrete, LLC (Jason Robert's Concrete), and Wiseman had converted the equipment; Hartmann, Sr., Hartmann, Jr., Jason Hartmann, Jason Robert's Concrete and Jason Robert's, Inc. (Jason Robert's),2 had engaged in a fraudulent transfer of the equipment and had violated the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes
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