ESTATE OF OWENS v. CTRE, LLC

No. 31401.

998 A.2d 1285 (2010)

123 Conn.App. 61

ESTATE OF Stephen E. OWENS v. CTRE, LLC.

Appellate Court of Connecticut.

Decided August 3, 2010.


Attorney(s) appearing for the Case

Karl Fleischmann, West Hartford, for the appellants (named plaintiff et al.).

Robert J. Piscitelli, East Hartford, for the appellee (defendant).

HARPER, ALVORD and PETERS, Js.


PETERS, J.

The principal issue in this action for breach of contract is whether a commercial tenant waived its right to enforce a provision in its lease warranting that "a permanent certificate of occupancy or equivalent certificate has been or prior to Tenant's occupancy will be issued covering the Building and permitting the use of the Premises for such purpose." It is undisputed that, because of preexisting zoning violations on the premises, the landlord could...

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