KOSINSKI v. CARR

No. 28981.

962 A.2d 836 (2009)

112 Conn.App. 203

Janice Anne KOSINSKI v. Angela O. CARR.

Appellate Court of Connecticut.

Decided January 20, 2009.


Attorney(s) appearing for the Case

Arthur C. Laske III, Fairfield, for the appellant (defendant).

Darcy S. McAlister, Darien, with whom was Mark R. Carta, for the appellee (plaintiff).

HARPER, LAVINE and PETERS, Js.


PETERS, J.

This case concerns a real estate transaction in which neither the warranty deed for the conveyance of the property nor the antecedent contract of sale disclosed that the defendant seller's title was restricted by a covenant of record that forbade subdivision of the property. It is undisputed that, because this restriction was an encumbrance on the property, the plaintiff buyer is entitled to recover damages for breach of warranty under the warranty deed...

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