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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that the parties modified their agreement through their
          course of performance, which claim was unavailing in
          RBC Nice Bearings, Inc. See id.; see also id., 750–51
          (explaining differences between waiver and modifica-
          tion). As in RBC Nice Bearings, Inc., the parties’ sub-
          lease agreement in the present case contains a written
          modification clause. Specifically, paragraph 43 of the
          sublease agreement sets forth that ‘‘[t]his Sublease con-
          tains the entire agreement between the parties and shall
          not be modified in any manner except by an instrument
          in writing executed by the parties, their administrators,
          executors, successors or assigns.’’ Thus, like in RBC
          Nice Bearings, Inc., ‘‘any modification of the . . .
          agreement by the parties’ course of performance was
          barred by the contractual provision requiring that modi-
          fications be in writing.’’9 RBC Nice Bearings, Inc. v.
          SKF USA, Inc., supra, 318 Conn. 758. Accordingly, the
          trial court properly relied on the written terms of the
          sublease agreement to conclude that the plaintiff was
          not required to provide the defendants with a pretermi-
          nation notice and an opportunity to cure their default.
             The judgment is affirmed.
             In this opinion the other judges concurred.

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