Szynkowicz v. Bonauito-O'Hara

CourtConnecticut Appellate Court
DecidedJanuary 10, 2017
DocketAC38198
StatusPublished

This text of Szynkowicz v. Bonauito-O'Hara (Szynkowicz v. Bonauito-O'Hara) 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
Szynkowicz v. Bonauito-O'Hara, (Colo. Ct. App. 2017).

Opinion

****************************************************** The ‘‘officially released’’ date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. In no event will any such motions be accepted before the ‘‘officially released’’ date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** PETER SZYNKOWICZ v. LINDA BONAUITO-O’HARA (AC 38198) DiPentima, C. J., and Lavine and Pellegrino, Js. Submitted on briefs October 19, 2016—officially released January 10, 2017 (Appeal from Superior Court, judicial district of Waterbury, Zemetis, J. [motion to strike]; Brazzel- Massaro, J. [summary judgment].) Steven P. Kulas filed a brief for the appellant (plaintiff). Elizabeth S. Bennett filed a brief for the appellee (defendant). Opinion

DiPENTIMA, C. J. The plaintiff, Peter Szynkowicz, appeals from the judgment rendered in favor of the defendant, Linda Bonauito-O’Hara, doing business as Linda’s Team, William Raveis. The underlying dispute arose when the plaintiff and the seller, Edward Develop- ment Company, LLC, entered into a dual agency agreement1 naming Brenda Hanley, a realtor who worked for the same real estate company as the defen- dant, to act as their dual agent in connection with locat- ing, purchasing and developing the property known as Lot 7 Meadow Brook Drive in East Haddam. After enter- ing into the dual agency agreement, the plaintiff entered into a real estate contract with the seller to develop a single-family home on the property, which was subse- quently cancelled when the seller was unable to com- plete construction. The plaintiff commenced this action against the defendant, whom the plaintiff alleges was also a party to the dual agency agreement, for the return of his deposited moneys advanced to the seller upon the advice of the defendant. On appeal, the plaintiff claims that the court erred in granting (1) the motion to strike count five of his complaint because he adequately had alleged an action for breach of an oral contract against the defendant, and (2) the motion for summary judgment because genuine issues of material fact exist as to the defendant’s liability under counts one, two, three and four of his complaint. We affirm the judgment of the trial court. The following facts and procedural history are rele- vant to our determination of this appeal. On October 5, 2012, the plaintiff commenced this action against the defendant with a five count complaint. In ruling on the motion to strike, the court, Zemetis, J., succinctly set forth the factual allegations of the complaint: The plain- tiff alleged that he ‘‘and the defendant entered into a dual agency agreement on May 2, 2008, in connection with the defendant aiding the plaintiff in locating, pur- chasing and developing a piece of real property known as Lot 7 Meadow Brook Drive, East Haddam, Connecti- cut . . . . The defendant and its employees knew or should have known that the seller of the property was having financial difficulties when the dual agency agreement was entered into because the defendant was the seller’s exclusive broker. The defendant failed to disclose the seller’s financial difficulties to the plaintiff, despite the duty to do so. After entering the dual agency agreement, the plaintiff entered into a [purchase agreement] with the seller to develop a single family home on the property. After signing the purchase agreement, the defendant repeatedly represented to the plaintiff that the defendant would be able to obtain financing for the plaintiff and failed to disclose the seller’s shaky financial condition. The defendant encouraged the plaintiff [to] remain in the deal after he had offered to withdraw. Based on his reliance on the defendant’s representations that the seller was in good financial condition, the plaintiff advanced money to the seller in connection with the construction project. On November 25, 2008, the [dual agency] agreement was cancelled because the seller was unable to complete construction. The defendant, although having a duty to disclose the seller’s financial difficulties, never did so.’’ The plaintiff’s complaint contained five counts. Count one alleged that the defendant’s failure to disclose infor- mation about the seller’s financial difficulty constituted a breach of the defendant’s contract with the plaintiff. Count two alleged that the defendant’s actions in enter- ing a dual agency agreement, i.e., a contract, with the plaintiff and failing to disclose the seller’s financial diffi- culty constituted a breach of the implied covenant of good faith and fair dealing. Count three alleged that the defendant’s actions in representing that she could obtain financing for the plaintiff, encouraging the plain- tiff to stay in the deal when he offered to withdraw, and failing to disclose the seller’s financial difficulty were fraudulent in connection with her duty to repre- sent the plaintiff. Count four alleged that the defen- dant’s actions in stating that she could obtain financing for the plaintiff, encouraging the plaintiff to stay in the deal when he offered to withdraw and failing to disclose the seller’s financial difficulty violated General Statutes § 42-110b, a provision of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq. Count five alleged that the defendant’s actions in failing to secure the purchase and the development of the real property violated an oral agreement between the defendant and the plaintiff. On April 8, 2013, the defendant filed a motion to strike counts one, two and five on the grounds that the plaintiff had failed to allege facts to support the existence of a contract between himself and the defen- dant. On July 26, 2013, the court denied the defendant’s motion to strike counts one and two, but granted the defendant’s motion as to count five. In granting the defendant’s motion to strike count five, the court noted that it could not ‘‘find that the plaintiff . . . sufficiently pleaded that the defendant breached an oral contract in count five. First, [the] plaintiff has insufficiently alleged the existence of an oral contract because the plaintiff failed to allege facts pertaining to scope or terms of an oral agreement. Additionally, in count five the plaintiff has alleged no specific contractual obliga- tion that has not been met.’’ Accordingly, the court concluded that because ‘‘the plaintiff has failed to suffi- ciently allege facts implying the existence of a privity of contract between the parties and has merely alleged misrepresentations and omissions by the defendant . . . count five has failed to sufficiently allege a breach of a term of that alleged oral contract . . .

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Bluebook (online)
Szynkowicz v. Bonauito-O'Hara, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szynkowicz-v-bonauito-ohara-connappct-2017.