MARTINO v. SCALZO

No. 29205.

966 A.2d 339 (2009)

113 Conn.App. 240

Eugenia MARTINO, Administratrix (Estate of Francesca M. Benedetto) v. Amanda SCALZO, Executrix (Estate of Zacarias Dacosta, Jr.), et al.

Appellate Court of Connecticut.

Decided March 24, 2009.


Attorney(s) appearing for the Case

Raymond C. Lubus, New Fairfield, for the appellant (defendant Zacarias DaCosta, Sr.).

Timothy Brignole, with whom, on the brief, was Juri E. Taalman, Hartford, for the appellee (plaintiff).

McLACHLAN, LAVINE and FOTI, Js.


McLACHLAN, J.

The defendant, Zacarias DaCosta, Sr.,1 appeals from the judgment of the Superior Court, sitting as the court of probate, denying his secured claim against the estate of Zacarias DaCosta, Jr. The defendant claims that the trial court improperly raised, sua sponte, and applied the statute of limitations contained in General Statutes § 42a-3-118(b).2

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