Benjamin Mazzucco v. Marcia Federico (2011)

MEMORANDUM OF DECISION

This case was before the court on April 20, 2011 as a hearing in damages.   The evidence disclosed that the plaintiff Benjamin Mazzucco lived with the defendant for approximately two years at the defendant's rented home at 121 Russell Avenue in East Haven between April 2008 and July 2010.

Mazzucco is claiming that when he moved out he “took the things that he needed—all my business stuff;  my computer and my filing cabinet” but claims that a “kitchen set, a grill, two bookcases, three TV's and grill were purchased by him and remain with the defendant.   The grill I bought for both of us and the TV's I bought for us too, and the 52” I brought with me also.”   He values all these items at $3,000.

The testimony of the defendant differs markedly from that of the plaintiff.   According to the defendant all the purchases for which the plaintiff now seeks compensation were paid for out of a joint checking account.   Both the plaintiff and defendant, according to the defendant were making $500 to $600 per week;  and contributions to said account were near equal in amount each week.

With respect to the TVs the defendant testified that she had “three to begin with, when he moved into my house I had three, and then he brought his 52” which was broken.   The defendant claimed that the repairman repaired it once and told her that it would not last more than six months.

The court is asked to evaluate the alleged investment by the plaintiff in the defendant's home which he claims to be $3,000.   However, no purchase receipts or cancelled checks for TV's, or kitchen sets or bedroom sets were introduced as exhibits, so that the court would have evidence as to their cost when new.   Nevertheless the court accepts the fact that furniture that is used, if not an antique, depreciates in value.   The same is true for appliances.   The evidence disclosed that the plaintiff was given a number of days in which to pick up whatever he felt was his and in fact on several occasions either he or his children did go to the defendant's house to pick up what he regarded as his.

Mazzucco claims to have purchased the flat screen bedroom TV “for us” as well as the “kitchen TV also for both of us.”

The court accepts the fact that the kitchen set was divided up by the plaintiff and given by Mazzucco to his brother and to his daughter's mother-in-law “and other family members.”

With respect to the old dollar bill, the plaintiff claims that he had it evaluated by Rotary at being worth “between $200 and $350.”   Mazzucco claims that he brought it home and placed it in a bedroom drawer.   The defendant denies that it was placed in a drawer and hasn't seen it since Mazzucco took it to be evaluated.   The court will assign a value of $275.00 to this dollar bill.

With respect to the other furniture acquisitions made while the parties were living together, the money spent came out of a joint account contributed equally to by both parties and was used and enjoyed by both parties while they lived together.   Nor can the court quantify the amount of pleasure and enjoyment that the parties experienced from the furniture and televisions and their own company while they lived together.

Accordingly, judgment may enter in favor of the plaintiff in the sum of $275.00 without costs.

David W. Skolnick

Judge Trial Referee

Skolnick, David W., J.T.R.