LLC v. Willie Diaz et al (2010)

MEMORANDUM OF DECISION ON AFFIDAVIT OF NONCOMPLIANCE

The plaintiff, Pearl Properties, LLC filed this summary process action on September 28, 2009 to recover possession of the premises at 41 Washington Street, Apt. 302, Bristol, Connecticut from the defendants, Willie Diaz and Crucita Nieves.   The action was brought for breach of various non-monetary provisions in the parties' written lease.

On January 4, 2010, the defendant Diaz was defaulted for failure to appear.   On January 14, 2010, the plaintiff and defendant Nieves entered into a stipulation (the “Stipulation”) which was incorporated into a judgment awarding possession of the premises to the plaintiff, with a non final stay of execution through May 31, 2010 subject to a number of conditions.   One of the conditions of the stay of execution was that the defendant agreed that she would not disturb her neighbors.

On April 6, 2010 the plaintiff filed an Affidavit of Noncompliance with the Stipulation.

On May 20, 2010, the court heard evidence and argument on whether the defendant was in material violation of the Stipulation.   Both parties were represented by counsel.   Witness testimony was received from the plaintiff's property manager, Jeffrey Morrow, neighboring tenants, Lisa Czarnecke, Leonard Fayer, Eugene Torvinen and a Bristol police officer, Beata Karwowski.

The court heard testimony from the plaintiff's property manager and tenants, Czarnecke and Fayer, that on April 4, 2010 the witnesses heard the defendant engage in loud screaming and vulgar language, which was offensive and disturbing.   Out of concern for the defendant's children, the police were called.   Later in the day, the defendant confronted and threatened Czarnecke concerning her complaint to the police.   The confrontation was witnessed by Fayer and Torvinen.   The court also heard testimony from Officer Karwowski concerning the confrontation.

The defendant did not testify and offered no witnesses in opposition to the plaintiff's Affidavit of Noncompliance.

A stipulation for judgment is an agreement by the parties which, when incorporated by the court into the judgment, becomes a contract of the parties.  Sacks v. Sacks, 60 Conn.App. 337, 341-42, 759 A.2d 510 (2000).

The court has reviewed the Stipulation and the testimony of the witnesses.   On the basis of the evidence adduced at trial, the court finds that the plaintiff has sustained its burden to prove that that the defendant has breached the Stipulation.

The court finds in favor of the plaintiff on the Affidavit of Noncompliance and accordingly, execution may issue.

It is so ordered.

Gilligan, J.

Gilligan, Robert G., J.