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MOSS v. FOSTER

No. 25116.

900 A.2d 548 (2006)

96 Conn.App. 369

Andrew MOSS et al. v. Brian FOSTER et al.

Appellate Court of Connecticut.

Decided July 4, 2006.

Attorney(s) appearing for the Case

John B. Farley, with whom were Gerald L. Garlick, Hartford, and, on the brief, Lawrence P. Weisman, Westport, for the appellants (plaintiffs).

Eileen M. Burger, with whom was Mark A. Rubenstein, Westport, for the appellees (defendants).

FLYNN, C.J., and McLACHLAN and PELLEGRINO, Js.

McLACHLAN, J.

This is an action to enforce certain deed restrictions on property owned by the defendants, Brian Foster and Stephanie Foster. The plaintiffs, Andrew Moss and Sharon Moss, appeal from the judgment of the trial court rendered following the granting of the defendants' oral motion to dismiss for failure to make out a prima facie case. Specifically, the plaintiffs claim that the court (1) applied an incorrect legal standard in granting the defendants' motion...

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