LLC v. LLC (2011)

MEMORANDUM OF DECISION

The court on December 15, 2010 decided the liability, breach of contract (lease) and Connecticut Unfair Trade Practices Act (CUTPA) issues in favor of the plaintiff in a written decision but reserved its decision on the issue of damages in order to allow the parties to present additional evidence and argument.   The court now decides the damages.

The plaintiff is entitled to compensatory damages in the amount of $32,082.52 which was the security deposit plus reimbursement of its out-of-pocket expenses in the amount of $2,905.00 totaling $34,987.52 plus prejudgment interest at the rate of ten percent per annum from November 2004 to date in the amount of $21,867.16, totaling $56,854.68.

The plaintiff is also entitled to reasonable attorneys fees under the provisions of the lease agreement and as part of CUTPA damages (but not double the attorney fees as the plaintiff seeks).   The court will allow attorney fees in the amount of $73,217.00 which the defendant conceded are reasonable.

Taxable costs in favor of the plaintiff is also allowed.

Robert I. Berdon

Judge Trial Referee

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