See Recent Case Developments

logoAfter appearing for oral argument before the Connecticut Supreme Court on February 2, 2006 in the matter of Manuel Moutinho, et al. v. Bridgeport Planning and Zoning Commission, et al., 278 Conn. 660 (2006), Attorney Joe Kubic obtained a reversal from the Supreme Court on June 20, 2006. Attorney Kubic argued that a zoning applicant who lacks a written agreement permitting it to use a particular parcel of property, and who does not currently own or occupy the property, nonetheless has standing to appeal where he was found by the trial court to be statutorily aggrieved. Attorney Kubic also argued that the trial court was incorrect in finding that the record owner of the property, who had given the applicant permission and approval to apply to the zoning board, was not an applicant for purposes of appeal. The Supreme Court took the appeal directly from the superior court. This was Attorney Kubic’s second oral argument before the state’s highest court.

On June 13, 2006, a reversal was received from the Appellate Court of the trial court’s contract damage award imposed against the firm’s client pursuant to a shipping contract. In Small Business Transportation, Inc. v. ABC Stores, LLC, et al., 96 Conn. App. 14 (2006), the Appellate Court held that where the subject shipping contract’s damages provision stated that the Defendant would be charged a discounted rate only if payment was made within 30 days of the invoice, but did not identify the amount of the non-discounted rate or provide information from which non-discounted rate could be ascertained if the invoice was not paid within 30 days, was too vague and indefinite to be enforceable, and therefore in its breach of contract action, the Plaintiff was entitled to recover only the specified discounted rate as charged in the invoice. This reversal lowered the client’s liability from roughly $38,000.00 to $7,000.00.

Attorney Joseph A. Kubic recently settled a mold infestation case. The two plaintiffs were employees of a hair salon that had become infested with mold as a result of claimed defective construction techniques which allowed moisture to become trapped between in the walls of the building. The clients’ complaints included allergies, breathing and cognitive difficulties. Attorney Kubic worked with three expert witnesses to develop the case and obtain an attachment order allowing him to attach real property of the defendant. The case settled for $85,000.00.

This May Attorney Joe Kubic obtained a $99,000.00 arbitration award on behalf of the firm’s client, who was involved in a rear end collision causing injuries to her neck and carpal tunnel syndrome to her right hand and wrist.

Attorney Jim Winkel has been representing homeowners in disputes with numerous local and national banks who have failed to provide, or have provided untimely, mortgage releases pursuant to C.G.S.A. sec. 49-8(c). As a result of the lawsuits filed, proper documentation of mortgage payoffs has been obtained from the banks, town land records have been updated to accurately reflect the mortgage status, and statutory penalties have been collected and distributed to clients.