Cromwell Commons Associates v. Koziura

The defendants appeal from the trial court’s denial of their motion to open and vacate the judgment rendered. This matter previously came before this court in Cromwell Commons Associates v. Koziura, 17 Conn. App. 13, 549 A.2d 677 (1988). At that time, the case was remanded to the trial court for “an evidentiary hearing to determine whether any of the restrictions set out in [Varley v. Varley, 180 Conn. 1, 428 A.2d 317 (1980)], barred the defendants from opening the judgment on the basis of fraud.” Id., 17.

The following facts are relevant to the disposition of this appeal.1 The plaintiff…