DocketNumber: No. CV 98-0332759-S
Citation Numbers: 1998 Conn. Super. Ct. 11759
Judges: CARROLL, J.
Filed Date: 10/19/1998
Status: Non-Precedential
Modified Date: 7/5/2016
The Plaintiff alleges that, in an attempt to obtain the release from storage of the personal property of Simon Paterno, it has tendered the sum of $2,920.42 to the Defendant, which amount represents the total amount due on account of storage and other fees and costs in this matter, but that the Defendant has refused to accept said payment and release the said personal property. The Plaintiff asserts, inter alia, that the continued refusal of the Defendant to release the said personal property will cause the Plaintiff irreparable injury and that the Plaintiff has no adequate remedy at law.
Temporary injunctions are authorized by Section
A simple review of Plaintiff's Exhibit #2 in this matter leads this Court to conclude that the plaintiff has sustained its burden in this matter. The items set forth on Exhibit #2 are items of property personal to the Plaintiff's client, Mr. Paterno. The items listed include items of furniture, electronic equipment and a "painting". The items were placed in storage with the presumed expectation that they would be returned to their rightful owner at some point. The plaintiff now seeks to have those items retrieved from storage and returned to the rightful owner. The plaintiff has tendered the fees due on account of the CT Page 11761 storage of the items but the defendant has failed and refused, without apparent justification, to accept such payment and return the personal property.
The evidence presented at the hearing in this matter suggests that this is a simple matter in dispute. There can be little question that the Plaintiff will prevail on the merits. Given the nature of the items stored by the defendant, the failure to return said items to the Plaintiff will result in irreparable injury to the Plaintiff. Considering also the personal nature of the property stored, it is unlikely that any remedy at law, such a simple claim for damages, would be an appropriate remedy. Finally, the Defendant can find no relief in a balancing of the equities in this matter as no justification has been asserted for the continued refusal to release the said personal property from storage.
Accordingly, the application for a temporary injunction is granted. In accordance with the requirements of C.G.S.
BY THE COURT
CARROLL, J.