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J. C. PENNEY PROPERTIES, INC. v. PETER M. SANTELLA CO.

(13490)

210 Conn. 511 (1989)

J. C. PENNEY PROPERTIES, INC. v. PETER M. SANTELLA COMPANY, INC.

Supreme Court of Connecticut.

Decision released March 28, 1989.

Attorney(s) appearing for the Case

Frederick D. Paoletti, for the appellant (plaintiff).

Andrew P. Nemiroff, with whom, on the brief, was Joseph T. O'Connor, for the appellee (defendant).

PETERS, C. J., HEALEY, SHEA, GLASS and HULL, JS.

HULL, J.

The sole issue in this appeal is whether the provision in General Statutes § 49-34 (1) (C), directing that a certificate of mechanic's lien be sworn to by the claimant, requires a written recital of the oath-taking on the certificate. We hold that the oath must appear in writing on the certificate of mechanic's lien for it to be valid under the statute. Accordingly, we conclude that the trial court erred in upholding the validity of a certificate of...

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