Scalise v. Cummings & Lockwood, Llc.

Full title: Richard SCALISE et al. v. CUMMINGS AND LOCKWOOD, LLC.

Court: Appellate Court of Connecticut.

Date published: Feb 11, 2014

84 A.3d 490 (Conn. App. Ct. 2014)

148 Conn. App. 185

Opinion

No. 35456.

2014-02-11

Richard SCALISE et al. v. CUMMINGS AND LOCKWOOD, LLC.

Appeal from Superior Court, judicial district of Hartford, Peck, J. Kirk D. Tavtigian, Jr., Farmington, for the appellants (plaintiffs). John F. Carberry, with whom, on the brief, was William N. Wright, Stamford, for the appellee (defendant).

SHELDON

Appeal from Superior Court, judicial district of Hartford, Peck, J.
Kirk D. Tavtigian, Jr., Farmington, for the appellants (plaintiffs). John F. Carberry, with whom, on the brief, was William N. Wright, Stamford, for the appellee (defendant).
ALVORD, SHELDON and PELLEGRINO, Js.

SHELDON, J.

The plaintiffs, Richard Scalise and Eleanor Mihailidis, appeal from the judgment of the trial court granting the motion of the defendant, Cummings & Lockwood, LLC, to dismiss the plaintiffs' vexatious litigation action on the ground that the claim therein presented is unripe for adjudication. The plaintiffs argue on appeal that their vexatious litigation action is ripe for adjudication despite the fact that several counts of the complaint in the underlying action remain pending against them, because the favorable termination requirement has been satisfied as to several other underlying claims upon which the vexatious litigation action is based. We disagreewith the plaintiffs, and thus affirm the judgment of the court.

The trial court consolidated the present vexatious litigation action with a second vexatious litigation action commenced by the plaintiffs against East Greyrock, LLC, Greyrock at Oysterbend, LLC, and Jerry Effren, both as trustee and in his individual capacity, stemming from the same underlying action. The underlying facts and issue on appeal are identical in both cases.

The plaintiffs' claim was fully addressed and rejected by this court in the companion case of Scalise v. East Greyrock, LLC, 148 Conn.App. 176, 85A.3d 7, 2014 WL 411295 (2014), which was also decided today. That decision therefore is dispositive of the plaintiffs' claim.

The judgment is affirmed. In this opinion the other judges concurred.