Argued
November 15, 2018
Superior Court in the judicial district of Waterbury, Complex
Litigation Docket, Shaban, J.; Shaban, J.
Page 668
[Copyrighted Material Omitted]
Page 669
[Copyrighted Material Omitted]
Page 670
Jonathan J. Klein, Bridgeport, with whom, on the brief, was
Stephen R. Bellis, New Haven, for the appellant (defendant
500 North Avenue, LLC).
James
M. Nugent, with whom, on the brief, was James R. Winkel,
Milford, for the appellee (plaintiff).
Sheldon,
Keller and Moll, Js.[*]
OPINION
MOLL,
J.
Page 671
[191
Conn.App. 610] The only defendant participating in this
appeal, 500 North Avenue, LLC,[1] appeals from the
judgments of strict foreclosure, rendered after a court
trial, [191 Conn.App. 611] in four jointly tried foreclosure
actions commenced by the plaintiff, Manuel Moutinho, Trustee
for the Mark IV Construction Company, Inc., 401 (K) Savings
Plan.[2] On appeal, the defendant
claims[3] that the trial court erred when it (1)
failed to rule on the defendants motion for a judgment of
dismissal for failure to make out a prima facie case pursuant
to Practice Book § 15-8 (motion to dismiss) at the close of
the plaintiffs case-in-chief, (2) denied the defendants
motion to dismiss, and (3) denied, without cause, the
defendants right to make closing arguments or to file
posttrial briefs in lieu of closing arguments pursuant to
Practice Book § 15-5 (a).[4] [191 Conn.App. 612] With
Page 672
respect to the defendants first and second claims, we
conclude that (1) such claims are not reviewable pursuant to
our Supreme Court precedent and (2) in the alternative, they
fail on the merits. With respect to the defendants third
claim, we find no error. Accordingly, we affirm the judgments
of the trial court.
The
following procedural history and facts, as found by the trial
court, are relevant to the defendants claims. The original
mortgagors, namely, the defendant, 3044 Main, LLC, 1794
Barnum Avenue, Inc., Red Buff Rita, Inc., 2060 East Main
Street, Inc., Anthony Estates Developers, LLC, and D.A.
Black, Inc. (original mortgagors), executed, respectively,
promissory notes and mortgages securing those notes,
pertaining to certain parcels of commercial real property
located in Bridgeport, Milford, and Stratford. Gus Curcio,
Sr., executed corresponding personal guarantees. The
plaintiff is the owner and holder of the notes, mortgages,
and guarantees. At various points in time, the original
mortgagors stopped making payments on their respective notes.
Consequently, during the period of 2009 to 2011, the
plaintiff commenced eight foreclosure actions, asserting
foreclosure claims against the original mortgagors and other
lienholders and encumbrancers, as well as breach of guarantee
claims against Curcio.
In
April and May, 2013, the actions were tried together on the
plaintiffs foreclosure claims only.[5] On May 1, [191
Conn.App. 613] 2013, after the plaintiff had rested his case,
counsel for the defendant orally moved, among other things,
for a judgment of dismissal on each of the plaintiffs
foreclosure claims pursuant to Practice Book § 15-8. The
court effectively reserved its decision until after the close
of evidence. The defendant proceeded to offer evidence in its
case, and the plaintiffs rebuttal case followed. After the
close of evidence, the court issued an oral ruling from the
bench, denying the motion to dismiss without stating its
grounds therefor.
On July
3, 2013, the court issued eight separate memoranda of
decision rendering a judgment of strict foreclosure in favor
of the plaintiff in each action. On September 18, 2013, this
joint appeal followed, and a lengthy period of motions
practice ensued thereafter.[6] On May 17, 2018, the
appeal was withdrawn as to four of the eight actions, namely,
3044 Main, 2060 East Main Street,
Anthony Estates, and D.A. Black, leaving
four actions pending on appeal, as follows: (1) 500 North
Avenue, LLC ; (2) 1794 Barnum Avenue I ; (3)
1794 Barnum Avenue II ; and (4) Red Buff
Rita . See footnote 2 ...