MFS Associates, Inc. v. Autospa Realty Corp.

The plaintiff appeals from the order of the trial court granting the defendant’s motion for disbursement of funds pursuant to General Statutes § 47a-26f.1 The plaintiff claims that the court erred in ordering the return to the defendant of funds for use *34and occupancy that the defendant had paid into court during the pendency of the summary process action between the plaintiff and the defendant. We find error.

Certain facts are undisputed. In February, 1988, the plaintiff brought a summary process action against the defendant seeking possession of certain premises owned by the plaintiff and…