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Costello and McCormack, P.C. v. Manero

Appellate Court of Connecticut

November 19, 2019

COSTELLO AND MCCORMACK, P.C.
v.
Constance MANERO

         Argued September 10, 2019

Page 472

         Superior Court, Judicial District of Stamford-Norwalk, Genuario, J.

Page 473

          Arik B. Fetscher, self-represented, the appellant (cross claim plaintiff).

         Robert C. E. Laney, Stamford, with whom was Karen L. Allison, for the appellee (cross claim defendant Costello and McCormack, P.C.).

         Nadine Pare, Cheshire, for the appellees (cross claim defendant William Westcott et al.).

         Lavine, Elgo and Moll, Js.

          OPINION

         ELGO, J.

         [194 Conn.App. 418] The cross claim plaintiff, Arik B.

Page 474

Fetscher,[1] appeals from the summary judgment rendered by the [194 Conn.App. 419] trial court in favor of the cross claim defendants, Costello and McCormack, P.C. (Costello), Attorney William Westcott, and Maya Murphy, P.C. (Maya).[2] On appeal, Fetscher claims that the court improperly (1) construed his cross claim as one sounding in legal malpractice and (2) concluded that no genuine issue of material fact existed with respect to that claim. We disagree and, accordingly, affirm the judgment of the trial court.

         In 2012, Fetscher commenced a civil action against his then stepfather, Nicholas Manero, Jr., and a business known as Nick Manero’s II, Inc. In response, Nick Manero’s II, Inc., brought a countersuit against Fetscher alleging breach of fiduciary duty, unjust enrichment, and conversion.[3] The cases were consolidated and, prior to trial, Fetscher retained the services of the Maya defendants.[4] Following a trial, the court found that Fetscher "breached his fiduciary obligations to defendant Nick Manero’s II, Inc. ... through a long series of misappropriations of corporate funds," that he [194 Conn.App. 420] "knowingly and wrongfully converted [corporate assets] to his own use," and that he "was unjustly enriched at the corporation’s expense ...." Fetscher v. Manero, Superior Court, judicial district of Stamford-Norwalk, Docket No. CV- 12-6012822-S, 2014 WL 2922645 (May 21, 2014). The court thus rendered judgment in favor of Nick Manero’s II, Inc. Id. No appeal was taken from that judgment.

         In January, 2015, Costello commenced an unrelated action sounding in breach of contract and unjust enrichment against Constance Manero[5] to collect unpaid fees for legal services rendered on her behalf in a dissolution of marriage proceeding. ...


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