`
`‘ -aeeeeED semmy eT
`
`|
`
`FACSIMILE FILING
`COVER SHEET
`JO-CL-73. Rev. 5-10
`
`&AGN
`
`Telephone number(Include araa coda)
`860-582.5555
`
`
`860-582-0605
`
`25
`
`J
`
`CONNECTICUT JUDICIAL BRANCH
`_ SUPERIOR COURT
`INSTRUCTIONS
`wwwjud.ct.gov
`See the back/page 2 for Procedures and Technical Standards for Electronic Filing.
`Donotfax the back/page 2 ofthis form to the court.
`.
`Type ofprint legibly. One cover sheet mustbe submitted for aach document.
`the filing party Shall keep the signed copy ofthe pleading, document orotherpaper while
`the action is pending, during any appeal petiod and during any applicable appellate process,
`The transmission record ofeachfiling shall be the filing party's confirmation ofreceipt by the
`Court. Please do not call the Clerk's Office to confinn receipt.
`TO: The Superior Court named below.
`
`(1) Judicial District at:
`[] Geographical AreaNo
`[_]
`Juvenile Matters at:
`[_] Housing Session at:
`[x] Small Claims Area at’
`Hartford [] Chitd Protection Session eat Middletown
`
`
` Fax number of above Caurt
`Attention: Magistrate John William O'Keefe
`860-756 7805
`
`Docket number
`
`(include prefix: for example, Cl, CP, CR, CV, FA, HC, JV, MI, MV, SC, SP)
`
`SCC-614562
`Tite of document faxed
`
`
`
`Brief
`
`
`Number of pagas
`(Unless otherwise directed by the court, documentsshall not be more than 20 pages (including coversheet) .)
`
`
`6
`
`Thefiling party assumes the risk of incomplete transmission or other factors that result in the documentnot
`baling acceptedforfiling.
`Date
`
`
`
`Name (Print or type full neme ofpergon to be contacted, ifnecessary)
`06/16/2016
`
`From:|eqward H. Smith, Jr.
`
`
`
`Juris number:
`| am an attorney orlaw firm excludedfrom e-filing: (] Yes
`[x] No
`
`‘ax number(include area code)
`
`
`To Be Completed By The Court Only
`The document was notfiled by the clerk's office for the following reason(s):
`SS ol
`
`:
`:
`.
`.
`= &
`[_] The documentis notin compliance with procedures and technical standards established by the Office-of the?
`
`oo
`Chief Court Administrator. See the Judicial Branch procedure at www,jud.ct.gov.
`
`
`
`
`
`
`
`
`
`
`
`
`[_] The documentis tonger than 20 pages.
`[_] illegible.
`[_] The decumentis:
`[_] incomplete.
`[_] The document was not accompanied by the required fax cover sheet.
`[[] The document wasfaxed to the wrong court.
`[~] Other
`
`Under the Procedures and Technical Standards for Electronic Filing set up by the Office of the Chief Court Administrator,
`the documents will not be raturned by the clerk.
`
`From (Print name and tite)
`
`Date
`
`The information contained in this facsimile message may be privileged and confidential and is intended only for the use of the individual or
`entity namedabove, if the reader ofthis [s not the intended recipient, you are hereby notified that any dissemination, distribution or copying of
`this communication is strictly prohibited. tf you receive this communication in error, please notify the sender immediately.
`N
`
`
`
`
`
`
`
`
`
`

`

`Doc. NO: SCC 614562
`
`:
`
`SUPERIOR COURT
`
`HARTFORD HOUSING
`:
`NOEMI DICRISTOFARO
`AT HARTFORD
`:
`vs.
`: JUNE 16, 2016
`KIRIL NEMIROVSKY
`BRIEF OF DEFENDANT, KIRIL NEMIROVSKY
`
`.
`
`The parties to the case are Noemi Discristofaro,
`
`Plaintiff and Kiril Nemirovsky,
`
`the Defendant,
`
`Facts:
`
`the
`
`‘
`
`a Sr em
`a ET
`
`
`The parties entered into a lease agreement that extended until.
`
`waeoc
`March 15, 2016. Sometime
`in May of 2015,
`the tenant: startic
` Ca
`experiencing respiratory problems. His
`respiratory Sprébieis
`
`continued until he vacated the property on November 11, 4BPaeca Che ee
`there wes Mb
`September of 2015,
`the tenant confirmed that
`
`present
`in the apartment. On October 21,
`2015,
`the \Gnatera
`
`presented the tenant with a document labeled, Barly Termination
`
`Agreement.
`
`The
`
`document
`
`stated that both parties
`
`agree
`
`to
`
`terminate the lease on November 11, 2015 under the condition that
`the tenant sign the Agreement by October 25, 2015 and pay prorated
`rent money through November 15, 2015. The tenant testified that he
`
`signed the Agreement on October 25, 2015 and: presented it to the
`
`SCANNED
`
`
`
`

`

`landlord on October 26, 2015, The landlord has admitte
`in her testimony and also testified that the tenant’s rent wa:
`fact paid through November 15, 2015.
`
` oo
`
`FIRST ISSUE PRESENTED :
`
`Is the Early Termination Agreement a binding contract?
`
`DISCUSSION:
`
`the Early
`complied with the obligation of
`tenant
`The
`Termination Agreement by signing the document by the October 25,
`
`revoked the offer prior to the
`2015 date. The landlord never
`tenant delivering the signed Early Termination Agreement
`to the
`landlord. “Revocation of an offeree in order to be effectual must
`
`be reviewed by the offer before he has executed his power of
`creating a contract by acceptance of the offer.” Restatement,
`1
`Contract § 41 and & 69, Comment a;
`1 Page, Contracts,
`134,
`“Acceptance is operative,
`if transmitted by means which the
`offeror has authorized, as soon as its transmission begins and it
`is put out of the offeree’s possession (Restatement,
`1 op. Cit.,
`8S.
`64;
`1 Page, op. Citl, § 199)
`irrespective of whether or when it
`
`is received by the offeror.” L.
`
`¢ E, Wertheimer, Inc. v. Wehle-
`
`Hartford Co. 126 Conn. 30 at 35 (1939) Furthermore,
`
`the landlord
`
`
`
`€
`

`

`ed
`
`testified that
`
`the tenant’s rent was paid through
`
`NNY
`
`already paid, making
`
`enforceable contract.
`
`the Barly Termination
`
`Even if the court deems that the payment through November 15,
`2015 already made is not consideration,
`the tenant relied on the
`
`Agreement being in effect when he vacated the premises on November
`
`11, 2015 creating an estoppel.
`
`[(Second) of Contracts]
`“,...Section 90 of the Restatement
`states that under the doctrine of promissory estoppel
`[a] promise
`which the promisor should reasonably expect to induce
`action or
`
`forbearance on the part of the promisee or a thrd person and which
`does induce such action or forbearance is binding if injustice can
`be avoided only by enforcement of the promise.” [1 Restatement
`
`(Second), Contracts§ 90, p. 242 (1981).] Thibodeau v. American
`
`Baptist Churches of Connecticut, 120 Conn. App. 666 at 676 and 677
`
`
`agreendit
`
`
`
`
`
`
`
`
`
`
`
`
`
`(2010).
`
`SECOND ISSUE PRESENTED:
`
`Did the presence of mold in the unit make
`
`the property
`
`untenable and thereby create a constructive eviction?
`
`
`
`

`

` «2
`
`DISCUSSION:
`
`en
`eee
`ey
`,
`.
`“[A) constructive eviction arises where a landlord, wh levno
`actually depriving the tenant of possession of any part of the
`premises
`leased, has done or suffered some act by which the
`
`premises are rendered untenable, and has thereby caused a failure
`
`of consideration for the tenant’s promise to pay rent.” (Internal
`quotation marks omitted.) Conference Center Ltd. v. TRC, 189 Conn.
`
`212, 220, 455 A.2d 857 (1983). “In addition to providing that the
`premises are untenable,
`a party pleading constructive eviction
`
`must prove that
`(1)
`the problem was caused by the landlord,
`(2)
`the tenant vacated the premises because of the problem, and (3)
`the tenant did not vacate until after giving the landlord
`
`the problem.” Thomas v. Roper, 162
`reasonable time to correct
`Conn. 343, 349, 294 A.2d 321 (1972).
`The tenant testified that he had been sick with respiratory
`problems since May of 2015. Furthermore,
`there was water coming
`into the apartment
`in September of 2015. Lastly,
`there was still
`
`mold present when the tenant vacated in November of 2015.
`
`CONCLUSION:
`
`The Early Termination Agreement
`
`is a valid,
`
`enforceable
`
`

`

`there should be no damages ayarded to
`contract and therefore,
`2 Bow
`ee
`either party.
`Eo
`ae
`In the alternative that the Early Termination Agreement
`not considered an enforceable contract,
`the tenant siguld' che.
`ne
`awarded damages from May through November of 2015 becauseofthe
`a
`landlord’s failure to first acknowledge the problem. Secondly, the
`
`:
`
`‘
`
`:
`
`‘
`
`gro Gs
`
`jandlord’s failure to resolve the problem after a reasonable
`
`period of time. Third,
`
`the tenant vacated because of the problem.
`
`Plaintiff:
`
`4a
`Edward H. Smith, Jr. ‘His Atty
`40 High Street
`Bristol, Connecticut 06010
`Juris No. 102740 Tel: 582-5555
`
`CERTIFICATION ~-
`I hereby certify that a copy of the foregoing was mailed,
`postage prepaid,
`to the following on this 16t* day of June, 2016
`to Murphy Laudati Kiel Buttler and Rattigan, 10 Talcott Notch, STE
`210, Farmington, -CT 06032,
`
`Edward H. Smith, Jr.
`Commissioner of Superior Court
`
`
`
`-
`
`
`
`
`
`
`