Hadco Metal Trading Co., LLC v. Barcol-Air, Ltd. ( 2016 )

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HADCO METAL TRADING CO., LLC
v. BARCOL-AIR, LTD.
(AC 37818)
Keller, Prescott and Cremins, J.
Argued April 4—officially released May 10, 2016
(Appeal from Superior Court, judicial district of
Ansonia-Milford, Hon. Arthur A. Hiller, judge trial
referee.)
Mark T. Kelly, for the appellant (defendant).
Jodi S. Tesser, for the appellee (plaintiff).
Opinion
PER CURIAM. The defendant, Barcol-Air, Ltd.,
appeals from the judgment of the trial court granting
the application for a prejudgment remedy filed by the
plaintiff, Hadco Metal Trading Co., LLC, in the amount
of $250,000. The defendant claims that the court improp-
erly concluded that the purchase orders contained all
of the relevant terms of the parties’ agreement and that
the defendant breached that agreement. Specifically,
the defendant’s only claim on appeal is that the court
should have considered certain provisions of the Uni-
form Commercial Code (UCC), as codified in General
Statutes §§ 42a-2-101 et seq., in interpreting the terms
of the underlying agreement between the parties.
The defendant, however, did not raise or cite the
applicability of the UCC provisions to the trial court,
and, thus, this issue is not properly preserved for appel-
late review.1 See Connecticut Bank & Trust Co. v. Mun-
sill-Borden Mansion, LLC, 147 Conn. App. 30, 38–39,
81 A.3d 266 (2013). Accordingly, we decline to review
the defendant’s claim and affirm the judgment of the
court granting the application for a prejudgment
remedy.
The judgment is affirmed.
1
The plaintiff raised the preservation problem in its appellate brief, and
the defendant failed to adequately respond to that argument in its reply
brief. Further, at oral argument before this court, the defendant conceded
that it had never brought to the trial court’s attention the particular provi-
sions of the UCC that it now relies upon to support its on appeal.