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WESTERLY READY-MIXED CONCRETE CO. v. STERN

(2128)

3 Conn. App. 530 (1985)

WESTERLY READY-MIXED CONCRETE COMPANY v. MICHAEL STERN ET AL.

Appellate Court of Connecticut.

Decision released April 16, 1985.

Attorney(s) appearing for the Case

Albert E. Goring, Jr., for the appellant (defendant).

Barry Ward, with whom, on the brief, was Abraham A. Lubchansky, for the appellee (plaintiff).

DUPONT, C.P.J., BORDEN and DALY, JS.

PER CURIAM.

In rendering its judgment for the plaintiff, the trial court erred in its refusal to consider the matter raised in the defendant's1 notice of defense and evidence relating thereto which had been introduced by the defendant, without objection by the plaintiff, during a hearing in damages. See Practice Book §§ 365 through 374; Bonner v. American Financial Marketing...

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