DocketNumber: No. 62802
Citation Numbers: 1992 Conn. Super. Ct. 2484
Judges: ARENA, J.
Filed Date: 3/10/1992
Status: Non-Precedential
Modified Date: 4/18/2021
The motion before the court is the defendant's motion for order of statutory damages pursuant to Conn. General Statutes Secs.
On July 1, 1991, the plaintiff Quail Run Village Condominium Association, Inc. (association) instituted the underlying action seeking monetary damages, attorneys' fees and other relief the court deems appropriate allegedly due and owing for expenses incurred by the association for repairs performed in the defendants' condominium unit. On August 6, 1991, the plaintiff filed a notice of lis pendens affecting the defendants' unit. On August 22, 1991, the defendants filed a motion for discharge of the lis pendens pursuant to Conn. General Statutes Sec.
II. DISCUSSION
Conn. General Statutes Sec.
(b) The plaintiff or his attorney shall execute and deliver a release when an attachment has become of no effect pursuant to section
52-322 or section52-324 or CT Page 2486 when a lis pendens or other lien has become of no effect pursuant to section52-326 .(c) If the mortgagee or plaintiff or his attorney, as the case may he, fails to execute and deliver a release after thirty days from the date of a written request for a release of such encumbrance sent to him at his last-known address by registered mail or by certified mail, postage prepaid, return receipt requested, the mortgagee or plaintiff shall be liable for damages to any person aggrieved at the rate of two hundred dollars for each week after the expiration of such thirty days or in an amount equal to the loss sustained by such aggrieved person as a result of such failure to execute and deliver a release, whichever is greater.
The defendants argue that they sent a written request for the release of the lis pendens to the plaintiff at its last known address by certified mail, return receipt requested and that they therefore are entitled to damages under Conn. General Statutes Sec.
In the alternative, the defendants claim damages under Conn. General Statutes Sec.
(a) Any person having an interest in any real or personal property described in any certificate of lien, which lien is invalid but not discharged of record, may give written notice to the lienor sent to him at CT Page 2487 his last-known address by registered mail or by certified mail, postage prepaid, return receipt requested, to discharge the lien. Upon receipt of such notice, the lienor shall discharge the lien by sending a release sufficient under section 52-390d, by first class mail, postage prepaid, to the person requesting the discharge. If the lien is not discharged within thirty days of the notice, that person may apply to the superior court for such a discharge, and the court may adjudge the validity or invalidity of the lien and may award the plaintiff damages for the failure of the defendant to make discharge upon request. If the court is of the opinion that such certificate of lien was filed without just cause, it may allow, in its discretion, damages to any person aggrieved by such failure to discharge, at the rate of one hundred dollars for each week after the expiration of such thirty days, but not exceeding in the whole the sum of five thousand dollars or an amount equal to the loss sustained by such aggrieved person as a result of such failure to discharge the lien, which loss shall include, but not be limited to, a reasonable attorney's fee, whichever is greater.
In Huckabee Plumbing v. Falco,
sets forth a procedure whereby a person whose property is encumbered by an invalid lien can give written notice to the lienor requesting discharge of the lien. If the lienor failed to discharge the lien within thirty days after the notice is given, the property owner may apply to the Superior Court for the discharge of the lien. If the court adjudicates CT Page 2488 the lien to be invalid, the court may award damages for the failure of the lienor to discharge the lien.
An award of damages is discretionary. The court must, however, first adjudicate the lien invalid and then conclude the lienor acted without just cause. "Just cause" implies a reasonable ground for engaging in a course of conduct as distinguished from a frivolous or incompetent ground.
Id. at 9.
It appears that the defendants did not fully comply with the requirements of Conn. General Statutes Sec.
Furthermore, damages under Conn. General Statutes Sec.
III. CONCLUSION
For the reasons herein stated, it is concluded that the defendants' motion for order of statutory damages ought to be and is hereby denied.
It is so ordered.
ARENA, JUDGE