Myriam Fernandez v. Eduardo Perez (2012)

MEMORANDUM OF DECISION

In 2006 plaintiff Myriam Fernandez became a 50% owner of a liquor store known as West River Wine and Spirits located at 30 Orange Avenue in New Haven.   Eduardo Perez was in business with her and owned the other 50%.

The evidence disclosed that Myriam Fernandez worked in the store from the time of its purchase in 2006 to September 2010 when she went to Florida where her daughter resided.   Upon returning to Connecticut she found that she was no longer part owner of the store and business.   Her loss of her share of the business is the basis of this lawsuit and this court does not consider it a reason by itself to grant an application for appointment of a receiver.   It may turn out that, at trial on the merits, the plaintiff's interest in the store will be restored to her, but that claim of ownership will have to await trial in the merits, and any claim with respect to a receiver appointment would depend on evidence of mismanagement or wasting of business assets which is lacking at present, and would justify the appointment of a receiver in order to preserve assets of the business.

Accordingly, the motion of the plaintiff for the appointment of a receiver is denied.

Skolnick, J.T.R.

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