Robbins Eye Center, P.C. v. Commerce Park Associates, LLC

Citations

• 212 Conn. App. 487

Syllabus

The plaintiff sought to recover damages from the defendant property owner, C Co., and its property manager, R Co., for, inter alia, damages incurred as a result of the defendants' alleged negligent failure to maintain certain real property in a reasonably safe condition. R, the sole shareholder of the plaintiff, and C Co. entered into a lease for a portion of one of C Co.'s commercial buildings. Although not a party to the lease, the plaintiff occupied the leased premises. The plaintiff initiated the present action, and the trial court rendered judgment in its favor solely with respect to its negligence claim against C Co., determining that C Co. had committed gross negligence and awarding the plaintiff damages, from which C Co. appealed to this court. Thereafter, the trial court granted the plaintiff's application for a prejudgment remedy to secure its judgment, authorizing the plaintiff to attach C Co.'s real and personal property and to garnish any and all debts due and obligations owed to C Co. After determining that the real property subject to the prejudgment remedy order was encumbered by a mortgage that exceeded the property's fair market value, the plaintiff filed a motion to modify, seeking authorization to garnish an account receivable owed to C Co. by R Co. The trial court sustained the defendants' objection to the motion, determining that permitting the plaintiff to garnish the account receivable would be con- trary to the source of recovery limitation provision of the lease. There- after, in response to the plaintiff's motion to reargue and reconsider the court's order sustaining the defendants' objection, the trial court vacated its prior ruling and granted the plaintiff's motion to modify. The court ordered that the plaintiff was authorized to garnish the account receivable, that payments made thereafter on the account receivable would be held in escrow, and that the escrowed funds could be released only following written authorization of the parties