BOMBERO v. TRUMBULL ON THE GREEN, LLC

No. 35690.

98 A.3d 115 (2014)

152 Conn.App. 365

Stephen C. BOMBERO, Sr. v. TRUMBULL ON THE GREEN, LLC.

Appellate Court of Connecticut.

Decided August 19, 2014.


Attorney(s) appearing for the Case

Jeffrey A. McChristian , Avon, for the appellant (defendant).

Robert C. Pinciaro , New Haven, with whom, on the brief, was Serge G. Mihaly , Trumbull, for the appellee (plaintiff).

LAVINE, KELLER and BORDEN, Js.


BORDEN, J.

The dispositive issue in this appeal is whether equity and common sense will permit a mortgage, which had been omitted from a prior foreclosure action but which had no value at the time of that action, to now be foreclosed. We hold that it may not and, accordingly, reverse the judgment of the trial court.

The plaintiff, Stephen C. Bombero, Sr., brought this foreclosure action by complaint dated December 8, 2005, against the defendant, Trumbull on...

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