LLC v. People's United Bank et al. (2014)

MEMORANDUM OF DECISION

The instant matter was referred to this court to conduct a “hearing in damages” only against the defendant Christopher Komondy said defendant is the sole member of Phoenix Ventures, LLC. The claim against the defendant People's United Bank has been withdrawn.

A default was entered against defendant Christopher Komondy for failure to file an appearance.   He was found not to be in military service.   Said defendant failed to file notice of intent to contest damages nor did he appear on the date of hearing.  CPB Sec. 17–34;  CGS 52–221.

The entry of a default judgment conclusively establishes the facts alleged in the plaintiff's complaint, Dziedzie v. Pine Island Marina, LLC, 143 CA 644, 645;  DeBlasio v. Aetna Life & Casualty Co., 186 Conn 398, 400.

The plaintiff was the mortgagee on certain property owned by Phoenix Ventures, LLC of which Christopher Komondy as herein before stated was the sole member.

Said property sustained physical damage which was adjusted with the interested insurer for $44,524.67.   Said insurer issued a check in said amount payable to the order of Phoenix Ventures LLC and the plaintiff (as mortgagee and loss payee).

On March 11, 2011 the defendant Christopher Komondy deposited the check without obtaining the knowledge or endorsement of the mortgagee.   The mortgage was in default at the time and hence said funds did not belong to him.

The plaintiff made demand upon the People's United Bank and Mr. Komondy for return to it of said sum of $44,524.67.

The Bank and the plaintiff entered into an agreement to settle the Bank's liability for $25,500.00 thus the remaining amount due and owing the plaintiff is $19,024.67.

Judgment is entered against the defendant Christopher Komondy in the amount of $19,024.67 together with pre-judgment and postjudgment interest at 10%.   Judgment is also entered against him for treble damages pursuant to Sec. 52–564 CGS (See Rama v. Terdjaniam, 136 CA 99, 114).

Flanagan, J.

Flanagan, John C., J.T.R.