Hunter v. Turner, No. 52 11 51 (Oct. 22, 1993)

Connecticut Superior Court

Hunter v. Turner, No. 52 11 51 (Oct. 22, 1993)

1993 Conn. Super. Ct. 8695

CourtConnecticut Superior Court

DecidedOctober 22, 1993

DocketNo. 52 11 51

StatusUnpublished

This text of 1993 Conn. Super. Ct. 8695 (Hunter v. Turner, No. 52 11 51 (Oct. 22, 1993)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hunter v. Turner, No. 52 11 51 (Oct. 22, 1993), 1993 Conn. Super. Ct. 8695 (Colo. Ct. App. 1993).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION RE: MOTION FOR PARTIAL SUMMARY JUDGMENT The plaintiffs, members of the Bishop's Cove Association, CT Page 8696 Inc., filed a two-count complaint naming the members of the Board of Directors of the Bishop's Cove Association, Inc., as defendants. The plaintiffs allege in the first count of their complaint that the defendants violated a fiduciary duty owed to the plaintiffs in that they failed to collect certain monies owed to the Association. The plaintiffs allege in their second count that the defendants' actions constitute a violation of the Connecticut Unfair Trade Practices Act, General Statutes 42-110 et seq. (hereinafter "CUTPA").

On August 27, 1993, Wendy A. Turner (hereinafter "defendant"), one of the named defendants, filed a partial motion for summary judgment on count two of the plaintiffs' complaint.

Summary judgment is appropriate when the moving party proves that there exists no genuine issue or material fact and that she is entitled to judgment as a matter of law. Practice Book 284.

General Statutes 42-110b(a) provides that: "No person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce." The management of a condominium association does not constitute "trade or commerce." Sargis v. Seventy Grove Hill Condominium Association, 5 CSCR 597 (July 19, 1990, Aronson, J.); Glen Oaks Condominium, Inc. v. Glen Oaks Associates, Inc.,4 CSCR 378 (March 17, 1989, Thompson, J.). Accordingly, the defendant Turner's motion for summary judgment on count two of the plaintiffs' complaint is granted.

Austin, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION RE: MOTION FOR PARTIAL SUMMARY JUDGMENT The plaintiffs, members of the Bishop's Cove Association, CT Page 8696 Inc., filed a two-count complaint naming the members of the Board of Directors of the Bishop's Cove Association, Inc., as defendants. The plaintiffs allege in the first count of their complaint that the defendants violated a fiduciary duty owed to the plaintiffs in that they failed to collect certain monies owed to the Association. The plaintiffs allege in their second count that the defendants' actions constitute a violation of the Connecticut Unfair Trade Practices Act, General Statutes 42-110 et seq. (hereinafter "CUTPA").

On August 27, 1993, Wendy A. Turner (hereinafter "defendant"), one of the named defendants, filed a partial motion for summary judgment on count two of the plaintiffs' complaint.

Summary judgment is appropriate when the moving party proves that there exists no genuine issue or material fact and that she is entitled to judgment as a matter of law. Practice Book 284.

General Statutes 42-110b(a) provides that: "No person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce." The management of a condominium association does not constitute "trade or commerce." Sargis v. Seventy Grove Hill Condominium Association, 5 CSCR 597 (July 19, 1990, Aronson, J.); Glen Oaks Condominium, Inc. v. Glen Oaks Associates, Inc.,4 CSCR 378 (March 17, 1989, Thompson, J.). Accordingly, the defendant Turner's motion for summary judgment on count two of the plaintiffs' complaint is granted.

Austin, J.

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1993 Conn. Super. Ct. 8695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-turner-no-52-11-51-oct-22-1993-connsuperct-1993.

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