DocketNumber: No. CV92 0127184 S
Citation Numbers: 1998 Conn. Super. Ct. 5530
Judges: TOBIN, JUDGE.
Filed Date: 5/8/1998
Status: Non-Precedential
Modified Date: 4/18/2021
Breasy argues in opposition to this motion that Seaboard should not be allowed to validate the alleged lease because: (1) the October 13, 1992 court order appointing the plaintiff as receiver of rents required court approval of leases; (2) it is already more than three years since the lease was allegedly entered into, and Breasy has vacated the premises; and (3) Seaboard is now seeking approval of the lease because Breasy asserted a defense of lack of approval/lack of a valid lease in a collateral PJR matter pending in Housing Court in Norwalk
A receiver holds property as an arm of the court. HartfordFederal Savings Loan Assn. v. Tucker,
In the present case, the court finds it just to approve the lease. The receiver' s duty as an arm of the court is to protect the property. "[T]he court ought, where it can justly do so, to look through any failure on [the receiver's] part to protect the rights of those interested in the [property] and see that they take no harm from [the receiver's] neglect" Murdock v. Yale TireRubber Co., supra, 3 Conn. Sup. 142. The court, therefore, approves the lease and will not allow Breasy to capitalize on the receiver's failure to obtain court approval sooner.
The motion to approve the lease, dated October 17, 1994, between Seaboard, the receiver of rents, and the defendant, Breasy, is granted.
So Ordered.
Dated at Stamford, Connecticut, this 7th day of May, 1998.
RICHARD J. TOBIN, JUDGE