GENOVESE v. J.N. CLAPP CO.

(3055)

4 Conn. App. 443 (1985)

ELIZABETH GENOVESE, ADMINISTRATRIX (ESTATE OF ALPHONSO GENOVESE) v. J. N. CLAPP COMPANY, INC.

Appellate Court of Connecticut.

Decision released July 9, 1985.


Attorney(s) appearing for the Case

William A. Leone, for the appellant (plaintiff).

Susan Boyan, with whom were O. James Purnell III and, on the brief, Robert C. DuBeau, for the appellee (defendant).

BORDEN, DALY and SATTER, JS.


SATTER, J.

This appeal presents the issue of whether a claimant, which did not file its claim for payment against an estate within the time limited by the Probate Court, could interpose the claim by way of recoupment in the estate's action against it. The trial court held that it could. We agree.

The facts are as follows: The plaintiff's decedent and the defendant corporation were excavation contractors. Over...

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