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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)

Citation
Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Parent Document
Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Jurisdiction
Connecticut (state)
Effective Date
2020-09-30

Other Sections in This Document (50)

Full Text

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the tank had been located. The sample ‘‘indicate[d] ele-
         vated levels of contaminants . . . .’’ Approximately
         one year later, in March or April of 2014, Giuseppe
         removed the 330 gallon tank, as well. Giuseppe was not
         licensed to remove these tanks, and neither he nor the
         plaintiffs notified DEEP of their removal.
            Meanwhile, in 2012, the parties began discussing a
         potential lease of the premises and the defendants’
         intention to operate a retail rug gallery and a Subway
         sandwich restaurant thereon. The parties agreed that
         the defendants would make significant renovations to
         the premises in preparation for operating these busi-
         nesses. To undertake these renovations, the defendants
         were required to obtain building permits and certifi-
         cates of occupancy for each business. At some point
         during the discussions over the proposed lease, Nader
         asked Dominick whether any environmental contami-
         nation was present on the property. Nader and his
         brother Sassoon had experienced environmental issues
         in the past with a different property that, like the prem-
         ises at issue, also had been an automobile repair busi-
         ness, and they wanted to ensure there would be no
         similar problems with the leased premises. Dominick
         did not inform Nader of the presence of the tanks, the
         results of the DEEP inspections, the testing performed
         by Absolute Tank, or any potential contamination on
         the site.4
           Richard H. Girouard, Sr., the property manager for the
         plaintiffs, served as the leasing agent for the premises.
         Girouard drafted and negotiated the terms of the lease
         on behalf of the plaintiffs. In addition, distinct from his
         role as the plaintiffs’ leasing agent, Girouard offered to
         consult with the defendants regarding the renovation
           4
             Dominick’s response to Nader’s inquiry was in dispute at trial. Nader
         testified that Dominick told him that ‘‘[t]here was no contamination, there
         was no trace of any violations whatsoever. . . . There [were] never any
         violations.’’ Dominick testified that he told Nader, ‘‘if this property is contam-
         inated, [the defendants will] take care of all the contamination . . . .’’
July 20, 2021                  CONNECTICUT LAW JOURNAL                                     Page 7