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

308 A.3d 66 (more specific provisions of agreement
          control over standardized and more general ones), cert.
          denied, 348 Conn. 959, 312 A.3d 37 (2024); Grogan v.
          Penza, 194 Conn. App. 72, 81, 220 A.3d 147 (2019) (‘‘[i]t
          has been well settled that the particular language of a
          contract must prevail over the general’’ (internal quota-
          tion marks omitted)).
             Because the language of the sublease agreement is
          unambiguous with respect to the consequences of default
          for the nonpayment of rent, the court correctly declined
          to consider evidence of the parties’ course of perfor-
          mance in its interpretation of the agreement and prop-
          erly concluded that the language of the lease controls.
          See 19 Perry Street, LLC v. Unionville Water Co., supra,
          294 Conn. 625 (declining to consider conduct of parties
          in construing contract and concluding that ‘‘the lan-
          guage of the lease controls’’); Heyman Associates No.
          5, L.P. v. FelCor TRS Guarantor, L.P., supra, 153 Conn.
          App. 403 (consideration of parties’ conduct permitted
          in contract interpretation only when contract is ambigu-
          ous); see also Poole v. Waterbury, 266 Conn. 68, 97, 831
             7
               In addition to the nonpayment of rent, paragraph 21 provides that the
          following occurrences shall constitute a default under the sublease: ‘‘Any
          breach by Sublessee to observe or perform any of its other obligations under
          this Sublease, which shall continue for ten (10) days after notice in writing
          to Sublessee of such default, and in connection with which Sublessee shall
          not have in good faith commenced performance if full performance cannot
          be reasonably had within the ten (10) day period . . . [t]o the extent permit-
          ted by law, Sublessee becoming insolvent or bankrupt, or making an assess-
          ment for the benefit of creditors, or the commencement of any proceeding
          under any bankruptcy or insolvency law by or against Sublessee if such
          proceeding or case is not discharged within sixty (60) days . . . Sublessee
          vacating or abandoning the Premises (failure to occupy and operate the
          premises for ten (10) consecutive days shall be deemed an abandonment)
          or ceasing its use of the Premises for the purpose set forth above . . . [t]he
          transfer, assignment, encumbrance or sale of this Sublease or Sublessee’s
          right thereunder by Sublessee, except in any manner herein permitted . . .
          [and] [a]ny breach by the Sublessee to observe or perform its obligation
          under this Sublease.’’
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