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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

2,477 chars
a good faith intent to comply with the lease or a good
          faith dispute over the meaning of a lease.’’ Id., 69.
             In the present case, the trial court found that the
          defendants’ intentional nonpayment of rent was not
          accompanied by a good faith intent to comply with the
          lease or a good faith dispute over the meaning of the
          lease. In its first articulation, the trial court explained
          that it ‘‘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 trial court elabo-
          rated in its supplemental articulation, explaining: ‘‘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 failed to prove that they were justi-
          fied in withholding the rent because of the contamina-
          tion issues affecting the subject premises. . . . [T]he
          plaintiffs . . . did promptly take steps to address the
          environmental issues affecting the exterior of the prop-
          erty, as required by [the lease]. . . . The defendants
          suffered no detriment as a result of the contamination
          and remediation. They failed to offer any evidence that
          they ever even complained about the contamination
          and remediation until they filed their answer in this
          case on March 24, 2015.’’ Instead, the court explained:
          ‘‘The defendants’ real issue centers on the delays in
          renovation and, therefore, in openings of business oper-
          ations, beyond the rental grace period, thereby obligat-
          ing 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].’’ In so finding,
          the court referenced paragraph 31 of the lease, which
          provides that the ‘‘[l]essee, at his expense shall make
          all necessary repairs and replacements to the [l]leased
July 20, 2021                  CONNECTICUT LAW JOURNAL                                    Page 17