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FIDELITY TRUST CO. v. BVD ASSOCIATES

(11779)

196 Conn. 270 (1985)

THE FIDELITY TRUST COMPANY v. BVD ASSOCIATES ET AL.

Supreme Court of Connecticut.

Decision released May 14, 1985.

Attorney(s) appearing for the Case

John Wayne Fox, with whom were Frederick M. Tobin and, on the brief, Susan L. Stratton, for the appellant (plaintiff).

Douglas Shrader, with whom, on the brief, were Lawrence W. Kanaga and Robert A. Harris, for the appellee (named defendant).

PETERS, C. J., HEALEY, PARSKEY, SHEA and DANNEHY, JS.

PARSKEY, J.

This case, which is one of first impression, raises the question of whether, in the case of a limited partnership, a due on sale clause in a mortgage is triggered by the replacement of any or all of the original general and limited partners.

The named defendant, BVD Associates (hereinafter the defendant), a Connecticut limited partnership, is the owner of certain real property in the city of Stamford. On November 22, 1977, the defendant mortgaged...

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