Ira B. Stechel v. Patricia Lynn Foster (2011)

MEMORANDUM OF DECISION RE MOTIONS # s 316, 322, 323, 325, 328 and 329

The court having heard testimony and having received evidence enters orders regarding the various motions filed by both parties.

The plaintiff's motion for judgment rate of interest is denied.   The defendant's motion to order the plaintiff to release a Lis Pendens is granted and is to be delivered to the defendant's attorney no later than October 14, 2011.

The defendant's motion for counsel fees postjudgment is granted in the amount of $10,000 to be paid to defendant's attorney as trustee and to the defendant no later than October 14, 2011.   The judgment/agreement between the parties does not limit counsel fees to only a breach by a party.  Section 46b–62 C.G.S. applies to this situation.   The criteria set forth in Section 46b–82 C.G.S. have been applied and taken into consideration together with the fluid assets that the plaintiff has as versus the defendant in arriving at this decision.

BY THE COURT

MALONE, J.

Malone, Robert J., J.