Jerrold M. Metcoff et al. v. NCT (2011)

PARTIAL JUDGMENT ' ¹

Based on the Jury's Verdict accepted and recorded on April 21, 2010, and on the court's Memorandum of Decision on Attorney Fees and Punitive Damages and the court's Memorandum of Decision on Claims for Indemnification and Equitable Relief, both dated February 17, 2011, judgment hereby enters as follows:

Count One-Breach of Contract

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $559,982, plus $315,609 in interest, and in favor of the plaintiff David B. Wilson for $496,318, plus $283,704 in interest, and against the defendant NCT Group, Inc.

Count Two-Breach of Contract

Judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson and against the defendants NCT Group, Inc. and NCT Midcore, Inc. for $1 nominal damages.

Count Three-Breach of Contract

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $113,855, plus $64,169 in interest, and in favor of the plaintiff David B. Wilson for $143,434, plus $81,989 in interest, and against the defendant NCT Group, Inc.

Count Four-Breach of Contract

Judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson and against the defendant NCT Group, Inc. for $1 nominal damages.

Count Five-Breach of Contract

Judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson and against the defendant NCT Group, Inc. for $1 nominal damages.

Count Six-Breach of Contract

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $559,982, plus $315,609 in interest, and in favor of the plaintiff David B. Wilson for $496,318, plus $283,704 in interest, and against the defendants NCT Group, Inc. and NCT Midcore, Inc.

Count Seven-Breach of Contract

Judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson and against the defendants NCT Group, Inc. and NCT Midcore, Inc. for $1 nominal damages.

Count Eight-Breach of Contract

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $113,855, plus $64,169 in interest, and in favor of the plaintiff David B. Wilson for $143,434, plus $81,989 in interest, and against the defendants NCT Group, Inc. and NCT Midcore, Inc.

Count Nine-Breach of Contract

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $559,982, plus $315,609 in interest, and in favor of the plaintiff David B. Wilson for $496,318, plus $283,704 in interest, and against the defendants NCT Group, Inc. and NCT Midcore, Inc.

Count Ten-Negligent Misrepresentation

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $559,982 and in favor of the plaintiff David B. Wilson for $496,318 and against the defendants Michael J. Parrella, Sr., NCT Group, Inc. and NCT Midcore, Inc.

Count Eleven-Intentional Misrepresentation

Judgment enters against the plaintiffs Jerrold M. Metcoff and David B. Wilson and in favor of the defendants Michael J. Parrella, Sr.;   and judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson and against NCT Group, Inc. and NCT Midcore, Inc. for $1 nominal damages.

Count Twelve-Negligent Misrepresentation

Judgment enters against the plaintiffs Jerrold M. Metcoff and David B. Wilson and in favor of the defendant Michael J. Parrella, Sr.;   and judgment enters in favor of the plaintiff Jerrold M. Metcoff for $113,855 and in favor of the plaintiff David B. Wilson for $143,434 and against the defendants NCT Group, Inc. and NCT Midcore, Inc.

Count Thirteen-Intentional Misrepresentation

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $113,855, plus $8,544.50 for punitive damages, and in favor David B. Wilson for $143,434, plus $8,544.50 for punitive damages, and against the defendants Michael J. Parrella, Sr., NCT Group, Inc. and NCT Midcore, Inc.

Count Fourteen-Contractual Indemnification

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $673,837, $379,778 in interest, and $446,000 in litigation expenses, and in favor of the plaintiff David B. Wilson for $639,752, $365,693 in interest, and $446,000 in litigation expenses and against the defendants NCT Group, Inc. and NCT Midcore, Inc.

Count Fifteen-Tortious Interference With Contractual Relations

Judgment enters against the plaintiffs Jerrold M. Metcoff and David B. Wilson and in favor of the defendant Michael J. Parrella, Sr.;   and judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson and against Artera Group, Inc. for $1 nominal damages.

Count Sixteen-Fraudulent Transfer

Judgment enters against the plaintiffs Jerrold M. Metcoff and David B. Wilson and in favor of the defendant Michael J. Parrella, Sr.;   and judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson and against the defendants NCT Group, Inc., NCT Midcore, Inc., and Artera Group, Inc. for $1 nominal damages.

Count Seventeen-Civil Conspiracy

Judgment enters against the plaintiffs Jerrold M. Metcoff and David B. Wilson and in favor of the defendant Michael J. Parrella, Sr.;   and judgment enters in favor of Jerrold M. Metcoff and David B. Wilson and against NCT Group, Inc., NCT Midcore, Inc., and Artera Group, Inc. for $1 nominal damages.

Count Eighteen-Breach of the Covenant of Good Faith and Fair Dealing

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $673,837 and in favor of plaintiff David B. Wilson for $639,752, and against the defendants NCT Group, Inc. and NCT Midcore, Inc.

Count Nineteen-Unjust Enrichment

Judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson and against Artera Group, Inc. for $1 nominal damages.

Count Twenty-Resulting Trust

Judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson and against Artera Group, Inc. for $1 nominal damages.

Count Twenty-Four-Violation of the Connecticut Unfair Trade Practices Act

Judgment enters in favor of the plaintiff Jerrold M. Metcoff for $113,855, plus $270,000 for attorney fees and $128,644.50 for punitive damages, and in favor of David B. Wilson for $143,434, plus $270,000 for attorney fees and $128,644.50 for punitive damages, and against the defendants Michael J. Parrella, Sr., NCT Group, Inc. and NCT Midcore, Inc.;   and judgment enters in favor of the plaintiff Jerrold M. Metcoff and in favor David B. Wilson and against Artera Group, Inc. for $1 nominal damages.

The counts on which judgment enters in favor of the plaintiffs Jerrold M. Metcoff and David B. Wilson are imposed plus statutory costs.

So ordered this 17th day of February 2011.

STEVENS, J.

FOOTNOTES

FN1. The court notes that counts twenty-one, twenty-two, twenty-three, twenty-five and twenty-six are against the defendants Carol Salkind or Morton Salkind.   These defendants filed bankruptcy and this action against them has been stayed by operation of federal bankruptcy law..  FN1. The court notes that counts twenty-one, twenty-two, twenty-three, twenty-five and twenty-six are against the defendants Carol Salkind or Morton Salkind.   These defendants filed bankruptcy and this action against them has been stayed by operation of federal bankruptcy law.

Stevens, Barry K., J.