Shadhali, Inc. v. Hintlian

675 A.2d 3, 41 Conn. App. 225, 1996 Conn. App. LEXIS 204
CourtConnecticut Appellate Court
DecidedApril 30, 1996
Docket14360
StatusPublished
Cited by17 cases

This text of 675 A.2d 3 (Shadhali, Inc. v. Hintlian) 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
Shadhali, Inc. v. Hintlian, 675 A.2d 3, 41 Conn. App. 225, 1996 Conn. App. LEXIS 204 (Colo. Ct. App. 1996).

Opinion

LAVERY, J.

This is an action to foreclose a mortgage brought by the plaintiff who is the assignee of a promissory note executed by the defendants. The defendants, Sirvart K. Hintlian and John Hintlian, appeal from the judgment of strict foreclosure rendered in favor of the plaintiff. On appeal, the defendants claim that the trial court improperly (1) relied solely on hearsay evidence concerning the amount of the debt, (2) found that the plaintiff had accelerated the note, (3) allowed late charges for a period after the note was accelerated, in calculating the amount of the debt, and (4) admitted an appraisal offered by the plaintiff that does not comport with the requirements of § 20-328-29 of the Regulations of Connecticut State Agencies.1 We agree with the defendants that the trial court improperly awarded late charges for a period after the note was accelerated. We, therefore, reverse the judgment of the trial court and remand for further proceedings.

The trial court found the following facts. On February 16, 1989, the defendants executed a $450,000 promissory note payable to Northeast Savings, F.A. (Northeast). The note was secured by a mortgage on property in Wethersfield. On May 14, 1993, Northeast assigned the note to the plaintiff for a payment of $446,570.26. As of that date, the principal balance due on the note was $435,620 and the defendants’ total obligation was $446,570.26. Since the date of assignment, the defend[227]*227ants have made no payments on the note and have failed to pay real estate taxes due to the town of Wethersfield.

The trial court rendered judgment of strict foreclosure and found that the fair market value of the property was $415,000. The trial court also found that the total amount of the debt on the note was $559,341.59.2 As part of that debt, the trial court awarded $3831.68 to the plaintiff representing late fees from May, 1993, to the date of trial.

I

The defendants claim that the trial court did not have sufficient evidence to determine the principal amount due on the note. The defendants argue that the trial court relied solely on two documents, an adjustment sheet and a computer printout, to determine the amount due on the note, both of which were inadmissible hearsay. We conclude that the trial court did not abuse its discretion by admitting the adjustment sheet and the computer printout as evidence of the principal due on the note.

Unless the adjustment sheet and computer printout come within an exception to the hearsay rule, the documents are inadmissible because they are out-of-court statements offered to establish the truth of the facts contained in the statements. State v. Sharpe, 195 Conn. 651, 661, 491 A.2d 345 (1985); Central Bank v. Colonial Romanelli Associates, 38 Conn. App. 575, 580, 662 A.2d 157 (1995). The trial court admitted both documents under the business records exception to the hearsay rule. See General Statutes § 52-180 (a).3 “General Stat[228]*228utes § 52-180 permits hearsay evidence to be admitted if (1) [the] writing was made in the regular course of business, (2) it was the regular coruse of the business to make such a writing, and (3) the writing was made at the time of the transaction or occurrence or within a reasonable time thereof. State v. Scott, 31 Conn. App. 660, 665, 626 A.2d 817 (1993). To qualify a document as a business record, the party offering it must present a witness who testifies that these three requirements have been met. State v. Lawler, 30 Conn. App. 827, 831-32, 622 A.2d 1040 (1993). The trial corut has discretion to determine whether the statute is satisfied and appellate courts must construe the statute liberally when reviewing abuse of discretion. State v. Scott, supra [665]; State v. Lawler, supra [832].” Connecticut Bank & Trust Co., N.A. v. Reckert, 33 Conn. App. 702, 709-10, 638 A.2d 44 (1994).

“The witness whose testimony provides the foundation for the admission of a business record must testify to the three statutory requirements, but it is not necessary that the record sought to be admitted was made by that witness or even that the witness have been employed by the business at the time the record was made. . . . Section 52-180 does not require that a business record be prepared by an organization itself in order to be admissible as a business record of that organization. ... If, however, the organization does not prepare the document itself, then the entrant must have a duty to that organization to prepare the record in order for it to be admissible under § 52-180.” (Citations omitted.) River Dock & Pile, Inc. v. O & G Industries, Inc., 219 Conn. 787, 794-95, 595 A.2d 839 (1991).

We hold that the trial court did not abuse its discretion by admitting the adjustment sheet and the com[229]*229puter printout pursuant to the business records exception to the hearsay rule. At trial, Raj Shah, vice president of the plaintiff corporation, testified that it was the business of the plaintiff corporation to invest in properties. Shah stated that an adjustment sheet is a document customarily prepared for a real estate closing and that the adjustment sheet here was prepared in the regular course of the closing between Northeast and the plaintiff contemporaneously with the transaction. Stephen Henderson, vice president of Northeast, testified that the computer printout was made in the regular course of business, that it was the regular course of business for Northeast to keep such records, and that the records were made contemporaneously with payments made by the defendants. Henderson’s testimony also indicated that he was familiar with the procedures by which Northeast enters data into its computer system. See Shawmut Bank Connecticut, N.A. v. Connecticut Limousine Service, Inc., 40 Conn. App. 268, 276-77, 670 A.2d 880 (1996). We conclude that it was not an abuse of discretion for the trial court to admit the adjustment sheet and the computer printout pursuant to § 52-180.

II

The defendants also claim that the trial court should not have assessed late charges against them through the date of trial. They claim that late charges could be assessed only until the day on which the notes were accelerated. We agree.

The applicable language of the note states that “[t]he maker agrees to pay a late charge equal to five percent (5%) of any monthly installment of principal and interest not received by the holder hereof within fifteen days of the monthly installment due date.” The trial court concluded that the plaintiff is entitled to late charges accruing after acceleration because the amount [230]*230requested by the plaintiff is within a commercially reasonable range.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cadle Co. v. D'ADDARIO
26 A.3d 682 (Connecticut Appellate Court, 2011)
State v. Swinton
847 A.2d 921 (Supreme Court of Connecticut, 2004)
Wells Fargo Bank Minnesota N.A. v. Guarnieri
308 B.R. 122 (D. Connecticut, 2004)
Michael Rizzo and Louise Rizzo v. Pierce & Associates
351 F.3d 791 (Seventh Circuit, 2004)
In Re Guarnieri
297 B.R. 365 (D. Connecticut, 2003)
McKeever v. Fiore
829 A.2d 846 (Connecticut Appellate Court, 2003)
Premier Capital, Inc. v. Grossman, No. Cv99 0334654 S (Nov. 22, 2000)
2000 Conn. Super. Ct. 14432 (Connecticut Superior Court, 2000)
State v. Barnett
734 A.2d 991 (Connecticut Appellate Court, 1999)
SKW Real Estate Ltd. Partnership v. Gallicchio
716 A.2d 903 (Connecticut Appellate Court, 1998)
Berkeley Federal Bank & Trust, FSB v. Ogalin
708 A.2d 620 (Connecticut Appellate Court, 1998)
Colonial Court Homeowners Assoc. v. Cole, No. Cv-96-0560458 (Dec. 29, 1997)
1997 Conn. Super. Ct. 12880 (Connecticut Superior Court, 1997)
Lombardi Enterprises v. City of Waterbury, No. Cv94-120683 (Mar. 6, 1997)
1997 Conn. Super. Ct. 2058 (Connecticut Superior Court, 1997)
Alaska Seaboard Ptnrs. v. Bedford Realty, No. Cv92-0241735 (Dec. 18, 1996)
1996 Conn. Super. Ct. 6910 (Connecticut Superior Court, 1996)
Federal Nat. Mortgage Assn. v. Graham, No. Cv95 032 83 45 S (Aug. 22, 1996)
1996 Conn. Super. Ct. 5933 (Connecticut Superior Court, 1996)
Shadhali, Inc. v. Hintlian
677 A.2d 948 (Supreme Court of Connecticut, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
675 A.2d 3, 41 Conn. App. 225, 1996 Conn. App. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shadhali-inc-v-hintlian-connappct-1996.