Ignazio Puleo v. Theodore Acerra et al. (2010)

MEMORANDUM OF DECISION

On a very informal basis in February 2005 the defendant Theodore Acerra took over the operation of a repair garage belonging to the plaintiff Ignazio Puleo while the plaintiff assumed employment with United Postal Service.   The condition of the transfer of this business was that Acerra would pay the rent to a third-party landlord and that he would have the use of the tools and equipment located in the garage belonging to the plaintiff, provided that the plaintiff was given the right from time to time to use the garage for his personal needs.

In December 2007, Acerra decided to sell the business and notified the plaintiff to remove any items he wanted.   Although the plaintiff told Acerra he would return the following week to retrieve the personal property he wanted, he never did.   Acerra called the plaintiff several times, but received no response.   The court finds that the plaintiff intentionally abandoned this personal property that is at issue in this case.

“To constitute an abandonment there must be an intention to abandon or relinquish accompanied by some act or omission to act by which such an intention is manifested.”  Glotzer v. Keyes, 125 Conn. 227, 232 (1953).   Most of the cases, including that cited, concern the abandonment of property rights, but personal property may also be abandoned.  Haslem v. Lockwood, 37 Conn. 500, 507 (1871).   The owner of personal property has a reasonable time to remove it.  Id. In the present case, more than a reasonable time had elapsed for the plaintiff to remove the property.

The court finds the issues in favor of the defendant Theodore Acerra and enters judgment in his favor.   This judgment also put to rest the claims against the defendant Brian Page and judgment may enter in his favor.   Costs may be taxed against the plaintiff in favor of both defendants.

Robert I. Berdon

Judge Trial Referee

Berdon, Robert I., J.T.R.