Curto v. Hartmann

Citations

• 235 Conn. App. 40

Syllabus

The defendants appealed from the trial court's judgment for the plaintiff on his claims of fraud and violation of the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.) in connection with a loan agreement between the parties. The defendants claimed, inter alia, that the court erred in finding that the three year statutes of limitations governing the plaintiff's claims had been tolled by their fraudulent concealment pursuant to statute (§ 52-595). Held: The trial court correctly determined that § 52-595 tolled the statutes of limitations governing the plaintiff's fraud and CUTPA claims, as sufficient evidence supported the court's finding that the defendants intentionally concealed from the plaintiff the facts necessary to establish his claims and, due to the defendants' conduct in repeatedly and falsely representing to the plaintiff that he would be repaid, the plaintiff did not become aware of his causes of action until almost two years after the defendant H had knowingly misappropriated the loaned funds. The trial court's punitive damages award pursuant to statute (§ 42-110g (a)) on the CUTPA claim did not constitute an abuse of its discretion, as the court reasonably could have concluded that the defendants' conduct in knowingly misappropriating the loaned funds and repeatedly engaging in deceptive acts to conceal the fraud and delay the plaintiff from pursing legal action warranted the amount of the award. Argued May 19—officially released September 9, 2025