Legal Opinion
Kosinski v. Carr
Connecticut Appellate Court
Decided January 20, 2009No. AC 28981PublishedCited by 4 opinions
1Opinion of the Court
Opinion
PETERS, J.
This case concerns a real estate transaction in which neither the warranty deed for the conveyance of the property nor the antecedent contract of sale disclosed that the defendant seller’s title was restricted by a covenant of record that forbade subdivision of the property. It is undisputed that, because this restriction was an encumbrance on the property, the plaintiff buyer is entitled to recover damages for breach of warranty under the warranty deed. See Aczas v. Stuart Heights, Inc., 154 Conn. 54, 60, 221 A.2d 589 (1966). The defendant maintains, however, that the trial…
2Cases cited13 opinions
- Schoonmaker v. Lawrence Brunoli, Inc.Supreme Court of Connecticut · 2003
- Violano v. FernandezSupreme Court of Connecticut · 2006
- Pawlinski v. Allstate InsuranceSupreme Court of Connecticut · 1973
- Aczas v. Stuart Heights, Inc.Supreme Court of Connecticut · 1966
- Cook v. LawlorSupreme Court of Connecticut · 1952
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3Cited by4 opinions
- Foote v. Commissioner of CorrectionConnecticut Appellate Court · 2017
- Wells Fargo Bank, N.A. v. LorsonConnecticut Appellate Court · 2018
- St. Germain v. St. GermainConnecticut Appellate Court · 2012
- Vazquez v. Commissioner of CorrectionConnecticut Appellate Court · 2025