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TRUGREEN LANDCARE v. ELM CITY DEV.

No. 26861.

919 A.2d 1077 (2007)

101 Conn.App. 11

TRUGREEN LANDCARE, LLC v. ELM CITY DEVELOPMENT AND CONSTRUCTION SERVICES, LLC, et al.

Appellate Court of Connecticut.

Decided May 1, 2007.

Attorney(s) appearing for the Case

William F. Gallagher, with whom, on the brief, was David McCarry, New Haven, for the appellants (defendants).

Kevin M. Kennedy, New Haven, for the appellee (plaintiff).

BISHOP, DiPENTIMA and BERDON, Js.

BERDON, J.

The dispositive issue in this appeal is whether the defendant landlords, Elm City Development and Construction Services, LLC, and Maltby Street, LLC, collectively were the "nonprevailing party," liable for attorney's fees and costs under the terms of a real estate lease as a result of a disciplinary nonsuit entered against the landlords in a separate action to evict the plaintiff, Trugreen Landcare, LLC (tenant), from real property known as 86 Fitch Street...

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