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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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Appellate Court. The Appellate Court granted the
          motion for review in part, ordering the trial court to,
          inter alia, ‘‘articulate . . . whether it considered the
          defendants’ good faith intent to comply with the lease
          and their good faith dispute over the meaning of the
          lease in reaching its decision on the special defense of
          equitable nonforfeiture and, if so, how its consideration
          of these matters impacted its decision on the defendants’
          special defense of equitable nonforfeiture . . . .’’ The
          trial court issued an articulation in which it articulated
          a number of factual findings and explained: ‘‘The trial
          court considered and rejected [the] defendants’ claimed
          good faith intent to comply with the lease and also
          rejected the defendants’ alleged good faith dispute over
          the meanings of the lease. The defendants were well-
          advised of the property and were ill-advised by their
          counsel to withhold rent and breach their obligation to
          pay rent to the plaintiff[s].’’
             Unsatisfied, the defendants filed a second motion for
          review of the trial court’s articulation. The Appellate
          Court thereafter issued a second order for articulation,
          in terms substantially similar to the first order. The trial
          court responded with a supplemental articulation. The
          supplemental articulation stated: ‘‘The defendants’ alleged
          concerns about the contamination [were] pretextual,
          since neither the contamination nor the remediation
          had any effect on the critical path of the defendants’
          renovations to the property. The defendants’ real issue
          centers on the delays in renovation and, therefore, in
          openings of business operations, beyond the rental
          grace period, thereby obligating them to pay rent under
          the lease and to their existing landlords. The plaintiffs
          were not responsible for the delays [under the terms
          of the lease].
                                      ***
             ‘‘The defendants failed to prove that they were justi-
          fied in withholding the rent because of the contamina-
Page 12                   CONNECTICUT LAW JOURNAL                  July 20, 2021