JUN/17/2016/8R1 02:07 PM “es Laudati
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`FAX No, a |
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`P, 002
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`DOCKETNO.: SCC-614562
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`NOEMI DICRISTOFARO
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`Vv.
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`KIRIL NEMIROVSKY
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`SMALL CLAIMS COURT
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`HARTFORD HOUSING
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`AT HARTFORD
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`JUNE 16, 2016
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`PLAINTIFF’S POST-TRIAL BRIEF
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`"
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`In accordance with the Court's requestat the trial of the above matteron
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`May 18, 2016, the Plaintiff submits this post-trial brief along with the rent
`payment records evidencing the dates rent was paid by the Defendant, Kiril
`Nemirovsky, from June 2013 through September 2015.
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`I.
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`SUPPILEMENTAL RENT PAYMENT RECORDS >
`At the conclusionof the trial on May 48, 2016, the Court requested that
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`the parties summarize their positions and that the Plaintiff submit the Defendant's.
`rent records showing the dates on which he had historically paid rent.
`The Plaintiff submits that the attached deposit records support herpositon
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`that the Defendant's rent was due onthe 1*of the month and was paid by him
`prior to the 10" of each month. The bank deposit slips, along with several money
`orders provided by the Defendant, show that other than one instance whenrent
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`waslate (9/19/2013) and one instance when rent wasnotpaid atall (2/1/2024),
`the defendant's $1200 rent payment was paid and deposited on or before this
`10" of each month after June 2013. These records also support Noemi
`DiCristifaro’s testimonythat after a certain date the parties agreed to ‘reset’the oss
`“>
`oOo)
`- tn ¥.
`rent so that it would be used for the full month in whichit was paid.
`~ 3
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`—~ “wa
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`ne mend pes
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`oCANNED
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`JUN/17/2016/8R1 02:07 PM Murphy, Laudati
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`f
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`7
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`BAXNo, me
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`P 003
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`Il.
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`STIPULATION OF FACTS:
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`At trial the parties stipulated that (1) the parties had executed a written
`lease for the premises located at 190 Tomlinson Avenue Plainville, Connecticut;
`(2) that the parties had executed a lease extension extending the lease through
`March 15, 2016; and (3) the defendant vacated the premises on November15,
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`2015.
`ll.
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`PLAINTIFF’S BURDEN and CLAIM
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`Based onthe Plaintiff's and Defendant's testimony as well as the exhibits
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`submitted attrial, the Plaintiff has shown by a preponderance of the evidence
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`that the Defendant breachedhis lease by vacating the premises on November
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`15, 2015 prior to the end of his lease term on March 15, 2016. The Defendant's
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`additional violations of the lease include his failure to give the sixty (60) day
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`notice required to vacate the premises (paragraph 13 of the lease); and allowing
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`the premises to remain unoccupied for more than 7 days (paragraph 12 of the
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`lease).
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`The Plaintiff, therefore, is entitled to judgment in the amount claimed in
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`her original small claims complaint of $4,965.00 plus costs for a total award in the
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`amount of the small claims jurisdictionallimit of $5,000.00.
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`I.
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`DEFENDANT’S BURDEN, DEFENSES and CLAIMS
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`A. Defendant's Special Defense
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`The Defendantalleged one special defense claiming that the parties had
`entered an “Early Termination Agreement’. He claimed this agreement
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`supported his defense that he was not responsible for the unpaid rent through
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`JUN/17/2016/FR1 02:07 PM
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`Murph,
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`Laudati
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`FAX No, mre
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`|
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`P, 004
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`the end of the lease term nor the legal fees incurred by the Plaintiff. The
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`Defendantfailed to satisfy his burden of proof with respect to this defensein that
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`the Defendant admitted during his trial testimony:
`1. That on October21, 201 5 thePlaintiff offered him a written early
`termination agreement (the agreement was entered as an exhibit at
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`trial);
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`2. That the early termination agreement required him to (a) execute the
`agreement and return it to the Plaintiff on or before October 25, 2015;
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`(b) pay the sum of $440.00 on or before October 25, 2015; and (c)
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`vacate the property on or before November 11, 2015;
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`3. That he did not execute the early termination agreement on or before
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`October 25, 2015;
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`4. That he did not pay the required $440.00on or before October25,
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`2015; and
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`5, That he did not vacate the premises on or before November 11, 2015.
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`Based on the defendant’s own testimony in addition to the Plaintiff's
`testimony, and the explicit language of the October 21, 2015 offer itself, the early
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`termination offer was void as of October 25, 2015.
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`IV.
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`DEFENDANT’S COUNTERCLAIM
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`The Defendantalso failed to satisfy his burden of proof on his
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`‘counterclaim seeking (a) a refund of his rent from July 2015 through November
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`2015; and (b) a return of his security deposit.
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`’ The Plaintiff set the prorated amountof $440.00 for the period Nov. 1, 20146 through Nov. 14,
`2016 ($1200 per month ren/30 days = $40 per day, 11 days = $440,00).
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`3
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`JUN/17/2016/ER1 02:07 PM
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`4
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`Murphy,
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`Laudati
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`FAX No, mse |
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`P, 005
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`There was no credible evidence offered that the premises were
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`uninhabitable from July 2015 to November 2015. Rather, the Defendant
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`admitted that his first complaint of a water leak didn’t even occur until Sept. 9,
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`2015 and thatthe Plaintiff sent a plumber out that same day and had the
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`sheetrock repaired the following day. The first complaint of any mold was made,
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`on or about October 1, 2015 and that the Plaintiff again responded immediately
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`to the complaint and sent a clean-up crew and even paid for the Defendant and
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`his girlfriend to stay in a hotel for several days through Oct. 40, 2015 while the
`cleaning service demolished and replaced sheetrock and flooringin all of the
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`areas about which the Defendant complained.
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`Further, the defendantadmitted that he never madeanyclaim that he
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`wanted a “refund”of his rent paymentsuntil after this civil action wasfiled.
`There was ample evidence to support the Plaintiff's positon thatit timely
`responded and remedied any andall complaints made by the Defendant with
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`respect to the conditions of the premises.
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`Lastly, the Defendantis not entitled to a return of his security deposit
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`based on the evidence(including the written notice sent to the defendant)
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`submitted bythe Plaintiff as to the costs incurred due to the defendant’s breach
`of lease including repairs need to the premises.
`V.
`CONCLUSION
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`Forall these reasons, judgment should be entered in favor of the Plaintiff
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`on both her complaint in the amount of $5,000.00 including damages and costs
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`and on the Defendant’s counterclaim.
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`eee
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`JUN/1T/2016/PR1 02:08 PM Marebgs Lavdat PATAo: 860874gQ50
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`P. 008
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`4
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`MARGARET F. RATMIGAN C#
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`Murphy, Laudati, Kiél, Buitler & Rattigan, LLG
`10 Talcott Notch Road, Suite 210
`Farmington, CT 06032
`Juris No. 104060
`Tel. (860) 674-8296
`Fax (860) 674 0850
`mrattigan@mlkbr.com
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`CERTIFICATION
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`| hereby certify that a-copy of the foregoing was servedvia regular U.S.
`mail, or electronically delivered pursuant to Practice Book § 40-13, on this 17th
`day of June, 2016 to ali counsel and self-represented parties of record.
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`.
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`Edward H. Smith, Jr.
`40 High Street
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`Bristol, CT 06010
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`

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`TUN/17/2016/ER1 02:07 PM ly Laudati
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`FAX No, re
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`P. 001
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`FACSIMILE FILING
`_COVER SHEET
`JD-CL-73 Rev, 6-10
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`foAWN
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`INSTRUCTIONS
`oe
`|
`See the back/page 2 for Procedures and Technical Standards for Electronic Filing.
`Do not fax the back/page 2 of this form to the court.
`.,
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`Type or print legibly, One cover sheet must be submitted for each document.
`Thefiling party shall kegp the signed copyof the pleading, documentor other paperwhile
`the action is pending, during any appeal period and during any applicable appellate process.
`The transmission record of eachfiling shall be the filing party's confirmation of receipt by the
`Court. Please do notcall the Clerk's Office to confirm receipt.
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`CONNECTICUT JUDICIAL BRANCH
`SUPERIOR COURT
`wwwjud.ct.gov
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`TO: The Superior Gourt named below.
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`[_] Judicial District at:
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`{_] Housing Session at:
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`[X] Small Claims Area at:
`Fax numberof above Cauit
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`860-756-7805
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`Docket number
`SCC-614562.
`Titla of document faxed
`Plaintiff's Post-Trial Brief
`Numberof pages
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`6
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`.
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`[_] Geographical Area No.:
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`[] Juvenile Matters at:
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`Centralized-Hartford
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`[[] Child Protection Session at Middletown
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`:
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`Lge)
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`p
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`
`.
`mple, Cl, CP, CR, CV, FA, HC, JV, Mi, MV, SC, SP)
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`(Unless otherwise directed by the court, documents shall not be more than 20 pages (including cover sheet) .)
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`
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`From: /
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`The filing party assumes the risk of incomplete transmission or other factors that result in the document not
`being acceptedforfiling.
`Name (Printor type full name ofperson to be contacted, if necessary)
`Stephanie Gosselin on behalf of Attorney Margaret F. Rattigan
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`Vato
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`J am an attorney or law firm excluded from e-filing:
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`[[] Yes
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`[x] No
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`Juris number:
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`Telephone number (include area code)
`860-674-8296
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`Fax number(include area code)
`860-674-0850
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`the documentswill not be returned by the clerk. From (Print name and title)
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`To Be Completed By The Court Only
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`The document wasnotfiled by the clerk's office for the following reason(s):
`The documentis not in compliance with procedures and technical standards established by the Office of the
`Chief Court Administrator. See the Judicial Branch procedure at www,jud.ctgov.
`
`[_] The documentis longer than 20 pages.
`[] illegibte.
`["] The document is:
`[—]
`incomplete.
`[_] The document was not accompanied by the required fax cover sheet.
`[_] The document was faxed to the wrong court.
`[_] Other
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`Undarthe Procedures and Technical Standards for Electronic Filing set up by the Office of the Chief Court Administrator,
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`Date
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`The information containedIn this facsimila message may be privilaged‘and confidential and Is Intendedonly for tho use ofthe Individual or
`entity named above, If the readerof this is not the Intended recipient, you are hereby notified that any dissemination, distribution or copying of
`this communicationis strictly prohibited. !fyou receive this communicationin error, please notify the sender immediately.
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`