COSTELLO AND MCCORMACK, P.C.
September 10, 2019
Court, Judicial District of Stamford-Norwalk, Genuario, J.
B. Fetscher, self-represented, the appellant (cross claim
C. E. Laney, Stamford, with whom was Karen L. Allison, for
the appellee (cross claim defendant Costello and McCormack,
Pare, Cheshire, for the appellees (cross claim defendant
William Westcott et al.).
Elgo and Moll, Js.
Conn.App. 418] The cross claim plaintiff, Arik B.
Fetscher, 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). 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.
2012, Fetscher commenced a civil action against his then
stepfather, Nicholas Manero, Jr., and a business known as
Nick Maneros II, Inc. In response, Nick Maneros II, Inc.,
brought a countersuit against Fetscher alleging breach of
fiduciary duty, unjust enrichment, and
conversion. The cases were consolidated and, prior
to trial, Fetscher retained the services of the Maya
defendants. Following a trial, the court found
that Fetscher "breached his fiduciary obligations to
defendant Nick Maneros 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 corporations 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 Maneros II, Inc.
Id. No appeal was taken from that judgment.
January, 2015, Costello commenced an unrelated action
sounding in breach of contract and unjust enrichment against
Constance Manero to collect unpaid fees for legal
services rendered on her behalf in a dissolution of marriage