Legal Opinion

Fraser v. Eta Assn., Inc.

Connecticut Superior Court

Decided January 25, 1990No. File 8810-2985PublishedCited by 6 opinions

1Opinion of the CourtDeMayo, J.

The defendants retained counsel to represent them in a breach of lease action. After the plaintiff took their depositions but prior to trial, the plaintiff withdrew the action as to these defendants.

The defendants’ claim for an award of attorney’s fees is based on the express language of the lease that is the subject of this controversy and on General Statutes § 42-150bb.

The pertinent language of the lease provides: “Recovery Of Expenses: In action arising from a dispute between parties or an alleged violation of this Agreement by either party, the prevailing party shall recover within…

2Cases cited2 opinions

  1. Dean Vincent, Inc. v. Krishell Laboratories, Inc.Oregon Supreme Court · 1975
  2. Hatch v. DanceDistrict Court of Appeal of Florida · 1985

3Cited by6 opinions

  1. Blair v. IngHawaii Supreme Court · 2001
  2. Survivors of Iida v. Oriental Imports, Inc.Hawaii Intermediate Court of Appeals · 1997
  3. Retained Realty, Inc. v. Estate of SpitzerDistrict Court, D. Connecticut · 2009
  4. Centrix Management Co., LLC v. ValenciaConnecticut Appellate Court · 2013
  5. Bank of New York v. BellConnecticut Superior Court · 2011

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