DocketNumber: No. CV95 58831 S
Citation Numbers: 1995 Conn. Super. Ct. 14547, 15 Conn. L. Rptr. 502
Judges: KLACZAK, J.
Filed Date: 12/21/1995
Status: Non-Precedential
Modified Date: 4/17/2021
The defendants argue that the landlord cannot enforce the terms of the lease (the sewer assessment) against the assignee while at the same time not consenting to the assignment of the lease.
Section
The plaintiff is not required to do more than it did and it is not improper to claim alternative, mutually exclusive reasons for the termination. Seventeen High Steel L.L. C. v. Shoff-DarbyInsurance Company, 14 Conn. L.Rptr. No. 6, 206 (June 26, 1995), NorwalkMall Venture v. Mijo, Inc.,
There is no logical reason why the landlord should have to treat as non-existent one of the provisions of the lease in order to pursue its rights under another.
The Court does not lack subject matter jurisdiction under the issues raised in the fifth special defense, therefore, the matter should proceed in accordance with applicable statutory provisions.
Klaczak, J. CT Page 14548