DocketNumber: No. CV86 0079811 S
Judges: LEWIS, JUDGE.
Filed Date: 8/9/1990
Status: Non-Precedential
Modified Date: 7/5/2016
The matter was referred to Attorney W. A. Phillips, an attorney trial referee. General Statutes
The defendant moved to correct the report, Practice Book 438, but the referee declined to change his report in any material way. The defendant attempted to file a second motion to correct, well after the two weeks allowed for the filing of such a motion. Practice Book 438. The referee correctly concluded that he was not obliged to consider this latter motion because of its late filing, but went on to say that he would not correct his report even if the substantive merits of this untimely report were considered.
The defendant subsequently filed exceptions to the report, Practice Book 439, as well as objections thereto, Practice Book 440.
I believe this case presents a rather classic example of a dispute where the credibility of the witnesses, particularly one Leon Weinstock, an agent of the defendant, was at issue. Clearly the trier of fact heard conflicting evidence, and this defendant's request to overturn the referee's recommendations of fact and conclusions necessarily involves the scope of review of this court with respect to a CT Page 818 report of an attorney trial referee.
This subject was recently addressed in Pilato v. Kapur,
Viewed in the light of these standards, this court is not inclined to find any additional facts or to delete any of the facts found by the referee. He heard the witnesses and, as was stated by the Appellate Court in Faulkner v. Marineland, Inc.,
Moreover, as said recently in Wilcox Trucking, Inc. v. Mansour Builders, Inc.,
In conclusion, the findings of fact and the conclusions by the attorney trial referee are accepted in accordance with Practice Book 443, as I find no material error in his recommendations, or any other reason why the report is unacceptable. I believe his conclusions of fact were "properly reached on the basis of the subordinate facts found."
Accordingly, judgment may enter for the plaintiff for $10.00 and for the defendant in the amount of $545.00.
SO ORDERED.
Dated at Stamford, Connecticut this Ninth day of August, 1990.
WILLIAM B. LEWIS, JUDGE CT Page 819