DocketNumber: No. 96-0152454
Citation Numbers: 1998 Conn. Super. Ct. 236
Judges: LEWIS, JUDGE.
Filed Date: 1/12/1998
Status: Non-Precedential
Modified Date: 4/17/2021
The defendant filed an amended answer dated July 17, 1997, denying the material allegations of the complaint. The defendant also asserted three special defenses. The defendant, in his first special defense, alleges that the plaintiff is not CT Page 237 authorized to maintain the present action because it is a New York corporation transacting business in Connecticut without a certificate of authority. In the second special defense the defendant alleges that the plaintiff did not possess a signed brokerage agreement. In his third defense, the defendant alleges that he and the plaintiff never had a "meeting of the minds" regarding a commission.
Pursuant to General Statutes §
The fact finder concluded on the basis of the above findings of fact that: (1) the plaintiff was not transacting business in this state according to General Statutes §§ 33-396 and 33-412,1 by telephoning the defendant in this state seeking to obtain a listing for property located in New York; (2) the case is governed by the laws of New York where the property is located and where the contract had its operative effect; (3) a non-exclusive oral brokerage agreement is enforceable in New York; (4) under New York law,2 as a general rule and unless the parties agree otherwise, a broker is entitled to a commission upon producing a person who is ready, willing and able to purchase property upon terms established by the seller; and (5) CT Page 238 the defendant prevented Fitzgerald from purchasing the property by refusing to have a contract prepared. Therefore, the fact finder recommended that judgment enter for the plaintiff for $8,250, plus interest of $1,160.53. Interest was calculated as authorized in New York for a breach of contract, at 9% beginning December 1, 1995, when the commission was due, through July 23, 1997. The total recommended award is $9,410.53.
The defendant filed an objection to the fact finder's report claiming that certain "facts were unsupported by the evidence." See Practice Book § 546H.3
The defendant contends that he did not accept Fitzgerald's offer to purchase because she did not provide a binder, a memorandum of the sale, or financial documentation which the defendant had requested. Also, the defendant denies that he prevented performance of the brokerage agreement. The defendant objected to the conclusions by the fact finder that the plaintiff was not transacting business in Connecticut and that New York law should apply.
When reviewing reports of fact finders, "the court may . . . (1) render judgment in accordance with the finding of facts; (2) reject the finding of facts and remand the case to the fact-finder who originally heard the matter for a rehearing on all or part of the finding of facts; (3) reject the finding of facts and remand the matter to another fact-finder for rehearing; (4) reject the finding of facts and revoke the reference; (5) remand the case to the fact-finder who originally heard the matter for a finding on an issue raised in an objection which was not addressed in the original finding of facts; or (6) take any other action the court may deem appropriate." Practice Book § 546J.
"A reviewing authority may not substitute its findings for those of the trier of the facts. This principle applies no matter whether the reviewing authority is the Supreme Court . . . or the Superior Court reviewing the findings of either administrative agencies . . . or attorney trial referees." (Citations omitted.) Wilcox Trucking, Inc. v. Mansour Builders,Inc.,
The findings of fact in a contract action should be overturned "only when they are clearly erroneous." A fact finder's recommendations should be accepted when "there is nothing that is unreasonable, illogical or clearly erroneous in the findings of the fact finder and the reasonable inferences that may be drawn therefrom." Wilcox Trucking, Inc. v. MansourBuilders, Inc., supra,
Additionally, "[g]reat deference is given to the trial court's findings because the trial court is responsible for weighing the evidence and determining the credibility of witnesses." Beizer v. Goepfert,
Based upon a review of the report rendered by the fact finder, as well as upon the exhibits introduced at the hearing, the court finds that the fact finder's conclusion that the plaintiff is entitled to a real estate commission is supported by the subordinate facts that she found.4 The fact finder found that the defendant accepted Fitzgerald's offer to purchase his cooperative apartment but refused to prepare a contract to effectuate the agreement. The fact finder also determined that New York law should apply because that is where the apartment was located and the brokerage agreement would have its operative effect. See Reichhold Chemicals, Inc. v. Hartford Accident Indemnity Co.,
Accordingly, the report of the fact-finder is accepted and judgment enters in favor of the plaintiff and against the defendant in the amount of $9,410.53. Costs are to be taxed by the office of the chief clerk in accordance with General Statutes §
So Ordered.
Dated at Stamford, Connecticut, this 12th day of January, 1998.
William B. Lewis, Judge