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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 plaintiffs initiated this summary process action
          after the defendants did not vacate the premises by the
          date specified in the notice to quit. The defendants raised
          six special defenses in response to the plaintiffs’ com-
          plaint, including the special defense of equitable nonfor-
          feiture. The parties filed a joint stipulation of facts on
          May 19, 2015, and a trial occurred over three days. At
          trial, Nader and Sassoon testified that they decided to
          stop paying rent for a number of reasons, including that
          ‘‘this was the only way [they] could stay in business,’’
          that they ‘‘were trying to draw [the plaintiffs’] attention
          to what [they were] facing,’’ and that they ‘‘were fearful
          [that], if [their franchisor] Subway for any reason [got]
          involved with this contamination and violations, where
          would [they] stand?’’
             The trial court rendered judgement of possession for
          the plaintiffs. The trial court’s written order explained:
          ‘‘The court finds [that] the defendant[s] [have] breached
          the lease for nonpayment of rent. . . . The elements
          necessary to sustain the defense of equitable nonforfei-
          ture do not exist in this case because the defendant[s]
          caused the breach intentionally. That finding alone
          negates any finding of equitable nonforfeiture.’’ The
          defendants appealed to the Appellate Court. The defen-
          dants filed a motion for articulation, seeking, among
          other things, clarification of the factual basis for the
          trial court’s determination that they had failed to meet
          their burden of proof on their special defense of equita-
          ble nonforfeiture. The motion for articulation included
          a request that the trial court articulate whether the
          court considered evidence that the defendants’ failure
          to pay rent was accompanied by a good faith intent to
          comply with the terms of the lease or a good faith dis-
          pute over the meaning of the lease. The trial court denied
          the motion for articulation without comment.
            The defendants filed a motion for review of the trial
          court’s denial of their motion for articulation with the
July 20, 2021             CONNECTICUT LAW JOURNAL                        Page 11