Branhaven Associates v. Vitrom, Inc.

The plaintiff in this summary process action moves to dismiss this appeal on the ground that the defendant did not post a bond as required by General Statutes § 47a-35a (a).1 The sole issue is whether this particular bond requirement applies where premises are leased for use as a restaurant rather than as a dwelling unit. We conclude that the bond provision of § 47a-35a (a) does not apply to this appeal and, therefore, deny the motion to dismiss.

After the defendant failed to pay rent pursuant to a lease agreement between the parties, the plaintiff commenced a summary process action. The trial…