Gateway Development/East Lyme, LLC v. Duong, 227 Conn. App. 38 (2024)

Citation: Gateway Development/East Lyme, LLC v. Duong, 227 Conn. App. 38 (2024)
Parent Document: Gateway Development/East Lyme, LLC v. Duong, 227 Conn. App. 38 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-07-30
Original Source: https://www.courtlistener.com/opinion/10131818/gateway-developmenteast-lyme-l... ↗

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commenced performance if full performance cannot be
reasonably had within the ten (10) day period . . . .
‘‘In the event Sublessee shall fail to pay its rent within
ten (10) days after the same shall be due and payable,
Sublessor shall have the right, without prior notice to
the Sublessee, to immediately initiate any and all legal
action to recover possession of the Premises, and to
terminate this Sublease in the manner provided by law
relating to summary process. Such right shall be in
addition to any other rights to which Sublessor is enti-
tled by law or by the other terms of this Sublease.
‘‘Upon the occurrence of any one or more of such
events, and upon Sublessor serving a written ten (10)
days notice of cancellation of this Sublease upon Sub-
lessee and upon the expiration of such ten (10) days,
this Sublease and the terms thereunder shall end and
expire as fully and completely as if the date of expiration
of such ten (10) day period herein definitely fixed for
the end and expiration of this Sublease and Sublessee
shall then quit and surrender the Premises to Sublessor,
but Sublessee shall remain liable as hereinafter pro-
vided. . . .’’
In their pretrial brief, the defendants argued that, in
addition to the language of the agreement, ‘‘[t]he course
of performance by the parties demonstrated that [para-
graph] 21 required notice and a ten day cure period,
including for nonpayment of rent.’’
A bench trial was held on April 5, 2023. Copies of
the sublease agreement and subsequent amendments
to that agreement were admitted into evidence. In addi-
tion, the plaintiff presented testimony from Mara Hen-
derson King, who worked as the plaintiff’s lease admin-
istrator. King testified, in relevant part, that the
defendants’ rental payments were ‘‘habitually late’’ and
they had paid rent within the first ten days of the month
on only eight occasions since the inception of the lease
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