DocketNumber: No. CV 00-0090954
Citation Numbers: 2000 Conn. Super. Ct. 7454
Judges: ARENA, JUDGE.
Filed Date: 6/19/2000
Status: Non-Precedential
Modified Date: 4/17/2021
On December 17, 1999, the plaintiff, Tobin Melien f/k/a Tobin, Levine Glynn ("the plaintiff"), filed suit against the defendants, Joseph R. Calvi, Sr., Joel R. Calvi, Janice R. Calvi, and Robert Calvi, alleging CT Page 7455 that it is entitled to foreclosure on a judgment lien. As against the defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi, the plaintiff is seeking foreclosure of the judgment lien as it relates back to the attachment in the amount of $16,801.00. As against the defendant, Joseph R. Calvi, Sr., the plaintiff is seeking a deficiency judgment.
The following facts are alleged: On or about September 14, 1994, the plaintiff rendered legal services to the defendant, Joseph R. Calvi, Sr. Upon non-payment of these legal services, the plaintiff commenced suit. On February 16, 1999, the court entered an Order for Prejudgment Remedy in favor of the plaintiff in the amount of $16,801.00. At this time, the defendants, Joseph R. Calvi, Sr. and Carmela Calvi, were the record owners of two parcels of land ("the property") located in Durham, Connecticut. On March 16, 1999, the plaintiff filed a Certificate of Attachment in the amount of $16,801.00 and recorded the attachment of the property with the Durham Land Records. On October 14, 1999, the plaintiff obtained a judgment in the amount of $20,001.00 plus costs of suit. With said judgment being wholly unsatisfied, on November 19, 1999, the plaintiff filed a Certificate of Judgment Lien relating back to the aforementioned Certificate of Attachment, and recorded the lien with the Durham Land Records. Subsequent to the filing and recording of the attachment, but prior to the filing and recording of the judgment lien, on August 27, 1999, the property was transferred by quit claim deeds to the defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi. An outstanding debt in the amount of $20,001.00 plus statutory interest remains due and owing.
On April 28, 2000, the plaintiff filed a motion for summary judgment and supporting memorandum of law as to the defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi. The plaintiff argues that it is entitled to summary judgment as to these defendants because they took the property at issue by quit claim deeds, and therefore, take subject to encumbrances of record at the time of the transfer. Specifically, the attachment in the amount of $16,801.00. The defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi, filed a memorandum in opposition and the plaintiff filed a reply.
II. Standard of Review
"The judgment sought shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Practice Book §
III. Discussion
The plaintiff moves for summary judgment as to the defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi, arguing that it is entitled to summary judgment as to these defendants because they took the property by quit claim deeds, and therefore, take subject to encumbrances of record at the time of the transfer. Specifically, the attachment in the amount of $16,801.00. The plaintiff argues that in accordance with General Statutes §
General Statutes §
"In Connecticut, a prejudgment attachment is a provisional remedy afforded to a claimant to secure satisfaction of a judgment in the future. See Connecticut National Bank v. Voog,
"[T]he power to attach property on mesne process is conferred by statute, and being in derogation of the common law it should receive a strict rather than a liberal construction. We continue to follow this rule of construction. Because attachment liens have no common law counterparts; statutes permitting them have always been strictly construed." (Citations omitted; internal quotation marks omitted.) UnionTrust Co. v. Heggelund,
With respect to judgment liens, "General Statutes §§
The plaintiff here is seeking to foreclose the judgment lien as to the defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi, only up to the amount of the attachment, $16,801.00. The facts are undisputed: The court entered an Order for Prejudgment Remedy in favor of the plaintiff in the amount of $16,801.00. At this time, the defendants, Joseph R. Calvi, Sr. and Carmela Calvi, were the record owners of the property. The plaintiff filed and recorded a Certificate of Attachment in the amount of $16,801.00. Subsequently, the property was transferred by quit claim deeds to the defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi. The plaintiff later obtained a judgment in the amount of $20,001.00 plus costs of suit. Pursuant to §
The defendants claim that the plaintiff has failed to establish a record before the court that would entitle it to summary judgment because it has failed to show that the defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi, have interests in the property. This argument is without merit. The record includes copies of recorded and duly executed quit claim deeds for each of these defendants deeding to them an interest in the property at issue. The record also includes a title search summarizing the same.5
Accordingly, there is no genuine issue of material fact, and as a matter of law, the plaintiff is entitled to summary judgment as to the defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi.
IV. Conclusion
For the foregoing reasons, the plaintiffs motion for summary judgment as to the defendants, Joel R. Calvi, Janice R. Calvi, and Robert Calvi, is granted.
It is so ordered.
By the court Arena, Judge