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Drew v. Hiller

Connecticut Superior Court Judicial District of Stamford/Norwalk Housing Session
Oct 27, 2005
2005 Ct. Sup. 13351 (Conn. Super. Ct. 2005)

Opinion

No. SNSP-031882

October 27, 2005


MEMORANDUM OF DECISION


The issue presented in this case is whether or not a "Kapa Notice" is required in connection with the termination of a commercial lease. This court finds that the provisions of Conn. Gen. Stat. 47a-15 do not apply to commercial tenancies and, accordingly, the failure to supply such notice is not grounds for a motion to dismiss. This court is aware of the recent decision by Judge Epstein in the case of DeCarli v. Boileau, 2005 Ct.Sup. 11940, 39 CLR 741 (Docket No. CV 05 4002696) and disagrees with its reasoning and conclusions. The statutory provisions cited in that case for the proposition that Chapter 830 in its entirety applies to commercial leases are very specific and limited in their nature. Conn. Gen. Stat. Sections 47a-4b and 47a-11c are limited instances that apply to commercial leases. The clear and unambiguous language of Conn. Gen. Stat. Sections 47a-1 and 47a-15 limits the application of 47a-15 (and many other sections of chapter 830) to dwelling units only.

Kapa Associates v. Flores, 35 Conn.Sup. 274 (1979).

Accordingly, the motion to dismiss is denied.


Summaries of

Drew v. Hiller

Connecticut Superior Court Judicial District of Stamford/Norwalk Housing Session
Oct 27, 2005
2005 Ct. Sup. 13351 (Conn. Super. Ct. 2005)
Case details for

Drew v. Hiller

Case Details

Full title:DREW, LLC v. PAUL HILLER

Court:Connecticut Superior Court Judicial District of Stamford/Norwalk Housing Session

Date published: Oct 27, 2005

Citations

2005 Ct. Sup. 13351 (Conn. Super. Ct. 2005)
2005 Ct. Sup. 17039
40 CLR 700

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