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HIMMELSTEIN v. TOWN OF WINDSOR

No. 18455.

39 A.3d 1065 (2012)

304 Conn. 298

Paul R. HIMMELSTEIN v. TOWN OF WINDSOR et al.

Supreme Court of Connecticut.

Decided April 3, 2012.

Attorney(s) appearing for the Case

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

Thomas R. Gerarde , with whom, on the brief, was Beatrice S. Jordan , Hartford, for the appellee (named defendant).

ROGERS, C.J., and NORCOTT, ZARELLA, McLACHLAN, EVELEIGH and VERTEFEUILLE, Js.

NORCOTT, J.

The sole issue in this certified appeal is whether General Statutes § 52-557n,1 in providing that General Statutes § 13a-1492 affords the exclusive remedy against a municipality for injuries caused by a defect in a road or bridge, precludes a concurrent nuisance claim against a town when the trial court ultimately determines, on summary judgment, that the plaintiff has failed to establish...

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