Commissiong v. Currytto

CourtConnecticut Appellate Court
DecidedMay 12, 2026
DocketAC47680
StatusPublished

This text of Commissiong v. Currytto (Commissiong v. Currytto) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commissiong v. Currytto, (Colo. Ct. App. 2026).

Opinion

************************************************ The “officially released” date that appears near the beginning of an opinion is the date the opinion will be published in the Connecticut Law Journal or the date it is released as a slip opinion. The operative date for the beginning of all time periods for the filing of postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying an opinion that appear in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced or distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ************************************************ Comissiong v. Currytto

MERLISSA COMISSIONG ET AL. v. RAYMOND CURRYTTO (AC 47680) Alvord, Moll and Clark, Js.

Syllabus

The defendant appealed from the trial court’s judgment for the plaintiffs on their breach of contract claim that the defendant failed to perform home improvement services in their home’s upstairs bathrooms in a workmanlike manner. At trial, the plaintiffs presented expert testimony from A, a general contractor hired by the plaintiffs after they terminated the defendant’s ser- vices. On appeal, the defendant claimed, inter alia, that the court improperly concluded that he breached the parties’ contract. Held:

The trial court properly applied the law in determining that the defendant had not met his burden of proving that the plaintiffs had materially breached the contract by failing to provide notice and an opportunity to cure, as the court found that the serious deficiencies in the upstairs bathrooms would not be corrected with additional time, and, therefore, providing notice and an opportunity to cure would have been futile.

This court declined to review the merits of the defendant’s claim that the trial court improperly determined that he failed to prove the count of his counterclaim alleging unjust enrichment, as the defendant failed to provide an adequate record for review.

The trial court did not abuse its discretion in admitting A’s testimony as an expert in home improvement contracting or in crediting A’s testimony to find that the work performed by the defendant in the upstairs bathrooms was unworkmanlike, as, although A admitted that he was not an expert in plumb- ing matters, the defendant did not identify any portion of A’s testimony that required plumbing expertise or that exceeded the scope of his qualifications as an expert in home improvement contracting, and the defendant did not object to any specific portion of A’s testimony on the basis that he did not possess the appropriate qualifications to offer an expert opinion.

This court declined to review the defendant’s claim that the trial court deprived him of his right to a fair trial, as it was inadequately briefed.

Argued January 20—officially released May 12, 2026

Procedural History

Action to recover damages for, inter alia, breach of contract, and for other relief, brought to the Superior Court in the judicial district of New Haven, where the defendant filed a counterclaim; thereafter, the case was tried to the court, K. Murphy, J.; judgment for the Comissiong v. Currytto

plaintiff on the complaint; subsequently, the court, K. Murphy, J., granted the defendant’s motion to open the judgment and rendered judgment for the plaintiff on the counterclaim, and the defendant appealed to this court. Affirmed. Raymond Currytto, self-represented, the appellant (defendant). Scott Jackson, for the appellees (plaintiffs).

Opinion

ALVORD, J. The self-represented defendant, Raymond Currytto, appeals from the judgment of the trial court, rendered following a court trial, in favor of the plaintiffs, Merlissa Comissiong and Kyle Anderson, on their breach of contract claim that the defendant failed to perform home improvement services in their home’s upstairs bathrooms in a workmanlike manner. On appeal, the defendant claims that the court (1) improperly concluded that he breached the contract, (2) incorrectly determined that there was no evidence to support the counts in his counterclaim, (3) abused its discretion in admitting the testimony of the plaintiffs’ expert witness, and (4) violated his right to a fair trial under the Connecticut constitution.1 We affirm the judgment of the trial court. The following facts and procedural history are relevant to this appeal. On September 7, 2020, the parties entered into a written contract for various home improvement projects, which the defendant was to perform on the plaintiffs’ home. The agreement itemized the follow- ing projects: install downstairs shower stall and utility sink, rearrange existing upstairs hall and master bath- rooms (upstairs bathrooms), install beam in kitchen area, remodel kitchen, paint interior of upstairs and lower bathrooms, refinish oak floors, perform electrical work, and make plumbing adjustments. The contract listed the “total agreed upon price” for these items as $37,500 and 1 The defendant raises two additional claims on appeal. See footnote 3 of this opinion. Comissiong v. Currytto

also referenced a separate budget for optional work. The agreement further provided: “Pages 1, 2, 3, 4, comprise the contract. Signed and dated. 3 day right of cancel- lation acknowledged. Start date Sept.9th or sooner. Finish date Oct 31st. Or sooner. Reasonable delays on part of construction process timings could extend the completion date. Such as waiting for items to arrive or inspection schedules. All work will be completed in workmanlike fashion.” After the contract commenced, the scope of work changed to encompass additional projects, particularly in the kitchen. The contract’s completion date was fur- ther impacted by delays attributable to both parties, including, for example, the plaintiffs’ delay in providing required materials and the defendant’s delay in obtaining permitting for the kitchen beam. Due to “changes in the work requirements of the contract and for delays in the plaintiffs’ providing materials needed to complete the work,” both parties waived the original completion date of October 31. In text messages exchanged on or about December 28, 2020, the plaintiffs asked the defendant when his work would be complete, and the defendant responded with the date of January 20, 2021. The plain- tiffs ordered the defendant off the job on January 19, 2021. Prior to the defendant’s termination, the plaintiffs had paid him, over time, $28,125 for his services. On August 5, 2021, the plaintiffs filed a five count complaint against the defendant, alleging breach of contract, breach of the covenant of good faith and fair dealing, negligent misrepresentation, violations of the Connecticut Unfair Trade Practices Act, General Stat- utes § 42-110a et seq., and statutory theft pursuant to General Statutes § 52-564. In count one, the plaintiffs alleged that the defendant breached the contract when he, inter alia, “failed to complete all work within the agreed upon time period” and “failed to perform all work in a workmanlike fashion . . . .” After filing an answer on November 15, 2021, the defendant filed a revised answer Comissiong v. Currytto

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Commissiong v. Currytto, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissiong-v-currytto-connappct-2026.