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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fellows v. Martin, 217 Conn. 57 (1991)

Citation
Fellows v. Martin, 217 Conn. 57 (1991)
Parent Document
Fellows v. Martin, 217 Conn. 57 (1991)
Jurisdiction
Connecticut (state)
Effective Date
1991-01-01

Other Sections in This Document (44)

Full Text

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The concurring opinion expresses concern that to allow “any and all equitable considerations” to be raised in a summary process action will seri*64ously impair the usefulness of this statutory procedure as an “ ‘expeditious remedy to the landlord seeking possession,’ ” quoting Prevedini v. Mobil Oil Corporation, 164 Conn. 287, 292, 320 A.2d 797 (1973). We disagree that such a development is sanctioned by our opinion. First, it should be noted that our holding does not involve equitable considerations generally, but declares only that “equitable defenses and counterclaims implicating the right to possession are available in a summary process proceeding.” (Emphasis added.) Second, even if we were to preclude such equitable defenses in the summary process action itself, a separate action raising the same equitable considerations could be filed in the housing court as a basis for enjoining the eviction and would presumably be tried with the summary process action, if the right to possession was at issue. To allow the same matters to be raised in the summary process action without the necessity of commencing a separate suit for injunctive relief should result in a more expeditious resolution of all the issues relating to possesion in a single action. Third, our view that equitable claims involving the right to possession may properly be raised in a summary process action is no great departure from precedent, as evidenced by the lower court cases that have disregarded or distinguished Atlantic Refining Co. v. O’Keefe, 131 Conn. 528, 41 A.2d 109 (1945), since the abolition of the justice of the peace courts. See, e.g., Filosi v. Hawkins, 1 Conn. App. 634, 635 n.1, 474 A.2d 1261 (1984); Southland Corporation v. Vernon, 1 Conn. App. 439, 445, 473 A.2d 318 (1984); S.H.V.C., Inc. v. Roy, 37 Conn. Sup. 579, 583-84, 428 A.2d 806 (1981), aff’d, 188 Conn. 503, 450 A.2d 351 (1982); Mark I Enterprises, Inc. v. Sendele, 37 Conn. Sup. 569, 572, 427 A.2d 1352 (1981); Steinegger v. Fields, 37 Conn. Sup. 534, 537, 425 A.2d 597 (1980).