DocketNumber: No. 088503 A.C. 11442
Citation Numbers: 1993 Conn. Super. Ct. 2303
Judges: PELLEGRINO, J.
Filed Date: 3/4/1993
Status: Non-Precedential
Modified Date: 4/18/2021
The defendant first asks at what point in time the plaintiff earned her commission with respects to the four lots enumerated. It is clear from reading the opinion of Judge Healey that he determined that the plaintiff was discharged as of January 13, 1988, and as of that date, the plaintiff earned her commission relative to those four lots. Judge Healey indicated that as to Lot #95, although the plaintiff did obtain a buyer that it was sold to a different buyer in April of that year. As to Lot #80, Judge Healey found that on or about that time, January 13, 1988, that the house was complete except for some finished flooring and that lot was closed in March of 1988. Lot #23 was closed as of March 1988, and Lot #20 went to contract on June 10, 1987, and was closed on January 29, 1988 (See Memorandum of Decision, p. 5 and 6).
The defendants in their second question, ask that the court articulate all facts on which it based its legal conclusion that the plaintiff was employed as an on-site residential superintendent. Judge Healey in his opinion, on page 3, indicated that there was a written contract dated May 21, 1986, which obligated the plaintiff to supervise the construction, hiring and firing of sub-contractors and to supervise the construction and sale of the houses for the defendant. Judge Healey indicated on page 2 of his opinion that the plaintiff "actively participated in supervising construction." On page 4 of his decision, he states that the plaintiff was engaged in "supervision on a daily basis." It is obvious that Judge Healey relied on those facts in reaching the conclusion that the plaintiff was employed as an "on-site residential superintendent."
Finally, the defendant asks the court to point out where in the testimony or the exhibits the court relied on its statement that the plaintiff was "living in a home in the development." The undersigned has not reviewed the entire transcript, nor do I feel that this is necessary. I note in the plaintiff's post-trial brief, page 30, that it was the plaintiff's claim that Mrs. CT Page 2305 Anderson lived 50 feet from the subdivision.
The court does not feel that the opinion of Judge Healey was unclear or ambiguous. Therefore, the court will deny the defendant's motion to articulate. State v. Wilson,
PELLEGRINO, J.