(Download) "De La Concha of Hartford, Inc. v. Aetna Life Insurance Co." by The Supreme Court of the State of Connecticut * Book PDF Kindle ePub Free
eBook details
- Title: De La Concha of Hartford, Inc. v. Aetna Life Insurance Co.
- Author : The Supreme Court of the State of Connecticut
- Release Date : January 01, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
Argued October 21, 2003 Opinion This appeal arises out of a dispute between the plaintiff, De La Concha of Hartford, Inc., the lessee of certain retail space in the Hartford Civic Center (Civic Center), and the defendant, Aetna Life Insurance Company, the former owner of the Civic Center and lessor of the space leased by the plaintiff. The plaintiff commenced this action alleging, inter alia, that the defendant had breached the implied covenant of good faith and fair dealing and had violated the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq., by changing its leasing and promotional practices at the Civic Center during the plaintiff's tenancy and by refusing to renew the plaintiff's lease. After a court trial, the court rejected the plaintiff's claims as factually unfounded and rendered judgment for the defendant. On appeal,1 the plaintiff's sole claim is that the trial court's findings are unsupported by the evidence. We disagree and, therefore, affirm the judgment of the trial court.2 The trial court's memorandum of decision sets forth the following relevant facts. ""The [Civic Center]... in downtown Hartford is an enclosed mall with retail stores facing inward toward a central court and generally not visible from the street. The facility also contains a coliseum used for events and exhibitions, and an arena for sporting contests. Customers are attracted to the Civic Center by the direct advertising of retailers, by promotion of the Civic Center as a downtown shopping mall and by events at the coliseum and sports arena. Interdependency of the retailers is particularly important. Consumers [who come] to the Civic Center to make an intended purchase at one store frequently make an impulse purchase at another store. On the one hand, full occupancy of the Civic Center helps all the retailers to prosper. On the other hand, low occupancy [gives] the Civic Center a deserted feeling that depresses the sales of the remaining retailers.
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