Gallogly v. Kurrus

905 A.2d 1245, 97 Conn. App. 662, 2006 Conn. App. LEXIS 428
CourtConnecticut Appellate Court
DecidedSeptember 26, 2006
DocketAC 26581
StatusPublished

This text of 905 A.2d 1245 (Gallogly v. Kurrus) 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
Gallogly v. Kurrus, 905 A.2d 1245, 97 Conn. App. 662, 2006 Conn. App. LEXIS 428 (Colo. Ct. App. 2006).

Opinion

Opinion

McLACHLAN, J.

The defendant, Arthur Glen Kurrus, doing business as Innovation Motors, appeals from the judgment of the trial court rendered in favor of the plaintiff, Frank Gallogly, granting possession to the plaintiff and evicting the defendant on the basis of the finding that the defendant had committed a material breach of the parties’ commercial lease. On appeal, the defendant claims that the court improperly (1) denied his motion to dismiss the summary process action for lack of subject matter jurisdiction where, on the face [664]*664of the record, the plaintiff issued civil process in violation of General Statutes § 47a-23a before the expiration of the time specified in the notice to quit, (2) found that the defendant materially breached obligations under the lease to deliver a copy of a public liability insurance policy where there was no meeting of the minds as to the form and amount of insurance required under the terms of the lease, and (3) found that the defendant materially breached obligations under the lease to deliver a copy of an insurance policy where there was no meeting of the minds as to the form and amount of insurance required under the terms of the lease.1 We conclude that because the terms of the lease were not complete as to the insurance obligation, there was no obligation for the defendant to provide any copy of an insurance policy to the plaintiff. Accordingly, we reverse the judgment of the trial court.

The plaintiff and the defendant signed a lease on May 10, 2002, entitled “Business Lease,” which was a preprinted form for a commercial lease. The plaintiff was named as the landlord, and the tenant was designated “Innovative Motors, Glenn Kurrus . . . dba Paradise Garage.” The premises are located at 438 Lime Rock Road, Lime Rock.

The obligation of the defendant to “maintain appropriate insfurance]” was handwritten on the lease. Paragraph six of the lease called for the “[t]enant [to] obtain, pay for, and keep in effect for the benefit of the Landlord and the Tenant public liability insurance on the Rental Space.” (Emphasis added.) The preprinted portion, however, where coverage amounts were to be inserted, was left blank. At trial, the plaintiff testified that the defendant gave him a copy of an insurance certificate evidencing the defendant’s coverage in January, 2005. The plaintiff claimed, however, that the defendant failed [665]*665to deliver to him the insurance coverage required by paragraph six of the lease because he deemed the defendant’s insurance to be “unacceptable,” as the defendant had “obtained garage liability” insurance and not “public liability” insurance. The plaintiff stated that he believed that the “public liability” insurance was the equivalent of “general liability” insurance, which would provide coverage for fire, theft and other casualties.

The “garage liability” insurance that the defendant purchased for three years provided for “garage liability, garage keepers, garage physical damage, medical payments, and errors and omissions coverages.” There is no mention of public or general liability coverage in this insurance policy.2 Each policy was supplemented by $1 million umbrella coverage. At trial, the defendant professed to have coverage for “public liability” and claimed that the insurance he purchased was the coverage required by the department of motor vehicles to issue a license for his business. The defendant also testified that he had “no discussion” with the plaintiff as to the type or amount of insurance required by the lease. The defendant claimed that at all times during the lease, he believed that he had “appropriate insurance” within the meaning of paragraph six of the lease.

The court found that the defendant violated paragraph six of the lease because he did not comply with the specific requirements that he provide the plaintiff with his insurance policy each year. As a result of this failure to deliver a copy of the insurance policy to the plaintiff, the court ruled that this precluded the plaintiff [666]*666from examining the defendant’s policy and assessing both his and the defendant’s coverage, and initiating the necessary communication so that each party would be aware of the insurance coverage in effect. In addition, paragraph twenty-three of the lease grants to the landlord the right to reenter the leased rental space in the event that the “[t]enant violates any agreement in this [ljease.” (Emphasis added.) That right is to be exercised via eviction and is to be preceded by the notice required by law, which is the statutorily mandated notice to quit. See General Statutes § 47a-23.

The defendant was served with a notice to quit on October 8, 2004. On October 29, 2004, the date specified in the notice to quit, the plaintiffs counsel signed the summary process writ of summons and complaint. On November 1, 2004, the writ of summons and complaint were served on the defendant. On January 11, 2005, the defendant filed a motion to dismiss the action, claiming that the plaintiff issued his summary process writ prior to the expiration of the time specified in the notice to quit in violation of § 47a-23a.3 The court denied the motion and the trial proceeded. The case was tried on January 11 and 12, 2005. At trial, the court found that the plaintiff had sustained his burden of proof with respect to the claim that the defendant breached the lease by failing to provide the plaintiff with a copy of the defendant’s policy of insurance. The court thereafter rendered judgment of possession in favor of the plaintiff. The court allowed the plaintiff to evict the defendant as provided for in paragraph twenty-three because he failed to deliver proof of insurance as required by paragraph six. This appeal followed.

[667]*667I

The defendant first claims that the court lacked subject matter jurisdiction because the plaintiff failed to comply with § 47a-23a. See footnote 3. Specifically, he claims that the plaintiff improperly issued the summary process writ prior to the expiration of the time specified on the notice to quit, October, 29, 2004. Thus, the questions are, in the context of this case, when is process issued and when did it occur.

This is an issue of statutory interpretation. In the absence of a statutory definition of the meaning of “issue,” we look to the common meaning of the word and its dictionary definition. See Lombardo’s Ravioli Kitchen, Inc. v. Ryan, 268 Conn. 222, 232, 842 A.2d 1089 (2004); Connecticut National Bank v. Giacomi, 242 Conn. 17, 33, 699 A.2d 101 (1997). “Issue” is defined by Black’s Law Dictionary as meaning: “To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go forth as authoritative or binding. When used with reference to writs, process, and the like term is ordinarily construed as importing delivery to the proper person, or to the proper office for service . . . .” Black’s Law Dictionary (5th Ed. 1979).

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Bluebook (online)
905 A.2d 1245, 97 Conn. App. 662, 2006 Conn. App. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallogly-v-kurrus-connappct-2006.