Onofrio v. Mineri

Citations

• 207 Conn. App. 630

Syllabus

The plaintiffs sought to recover damages from the defendants M, T Co. and G Co. for, inter alia, violations of the Connecticut Unfair Trade Practices Act (§ 42a-110 et seq.) and from T Co. and G Co. for violations of the New Home Warranties Act (warranties act) (§ 47-116 et seq.). The plaintiffs purchased certain real property from G Co., which included a house built by T Co. M, an owner of both T Co. and G Co., was aware before the purchase that the house had a problem with water in the basement, but he did not inform the plaintiffs. The trial court rendered judgment for the plaintiffs on their CUTPA and warranties act claims, and M and T Co. appealed to this court. Held: 1. The trial court properly determined that M was personally liable pursuant to CUTPA, but the court incorrectly determined that T Co. violated CUTPA. a. This court declined to review M and T Co.'s claim that the trial court's conclusion that they violated CUTPA was inconsistent with the judgment the court rendered in their favor on the plaintiffs' breach of contract, negligent misrepresentation, negligence and fraudulent concealment claims; M and T Co. failed to meaningfully analyze in their brief how the court's rendering judgment in their favor on the other claims was necessarily inconsistent with its conclusion that the finding that G Co. violated CUTPA should be applied to them, and, thus, this court deemed the claim abandoned. b. M could not prevail on his claim that the trial court erred in extending CUTPA liability to him on the basis of its finding that G Co. had violated CUTPA; the court found that the evidence established that M effectively controlled the closely held corporations G Co. and T Co. and that he had complete knowledge of the water problems in the basement and the representations or nonrepresentations given to the plaintiffs, and he either directly participated in the wrongful conduct or had the ability to control it. c. The trial court improperly extended to T Co., on the b