Leo D'Addona v. LLC (2013)

MEMORANDUM OF DECISION

This is an action brought by a self-represented party who was advised by the trial court that he should obtain legal counsel.   He indicated that he could not afford such counsel, and therefore would proceed unrepresented.

This matter is a sequel to a housing court matter in Waterbury (CV–2053) involving the nonpayment of rent by the plaintiff and/or other family members.   The housing court matter was disposed of after trial by judgment against the therein three defendants (D'Addona) in the amount of $7,873.63.   The plaintiff in this matter filed an appeal to the Appellate Court (Docket # AC 32938).   In that appeal the housing court judgment was affirmed.

The plaintiff in this matter is in effect attempting to reopen that judgment with the basic underlying claim that he was never a signatory to the subject lease for property at 44 Taft Pointe, Unit 11, Waterbury, Connecticut.

The plaintiff in this matter during the hearing held on May 22, 2013 attempted to introduce various collateral issues that relate back to his basic contention that he didn't sign the subject lease.   What he either could not or would not understand is that the issue concerning his signature had already been decided in the housing court decision (Zemetis, J.).

The defendants in this matter raised by special defense the doctrine of collateral estoppel in its fourth special defense, and that of res judicata in its third special defense.   The defendants argue that this legal premise is applicable to this case, particularly in regard to the issue of whether or not plaintiff Leo D'Addona signed the lease.   In spite of the plaintiff's emotional protestations, the court can only find that the issue of whether he signed the lease or not has already been decided in the housing court, and therefore, the Court adopts defendants' position in Casper v. Waterbury Hosp. Health Ctr., Conn.Super. Lexis 2752.

The defendants withdrew all of their counterclaims on the record on the day of trial.

Therefore, judgment enters in favor of the defendants without costs or fees to either party.

BY THE COURT

ROCHE, J.

Roche, Vincent E., J.