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4 Conn. App. 579

Capmar Construction, Inc. v. Coyle

Connecticut Appellate Court

Decided July 30, 1985

Connecticut Appellate Court · decided 1985-07-30

Relies on Pandolphe's Auto Parts, Inc. v. Town of Manchester · Kaplan v. Kaplan · Robert Lawrence Associates, Inc. v. Del Vecchio

Good law ✅— No negative treatment on recordhow we know

Decided 1985-07-30

How this case has been cited

Cited by 12 later decisions — most recently January 2024

12 state decisions

6019851990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This is an appeal by the plaintiff from the trial court’s judgment awarding damages on the defendants’ counterclaim.

¶2The plaintiff instituted this action to recover sums allegedly due under a construction contract entered into with the defendants. The defendants answered, claiming setoffs against the sum due, and counterclaimed *580for damages arising out of alleged defective and incomplete work, and undue delays in completing the work undertaken.

¶3After a full trial before Hon. Roman J. Lexton, state trial referee, judgment was rendered for the plaintiff on the complaint and for the defendants on the counterclaim.

¶4The sole issue for our consideration is whether the damages awarded on the counterclaim are justified, in view of the evidence presented at trial. We consider the claim of error in this regard to be completely without merit.

¶5The trial referee prepared a meticulously detailed memorandum of decision which, when analyzed objectively and completely, negates the plaintiff’s claims of error.

¶6We are not the finders of fact; that is for the trial court. Kaplan v. Kaplan, 186 Conn. 387, 391, 441 A.2d 629 (1982); Robert Lawrence Associates, Inc. v. Del Vecchio, 178 Conn. 1, 4, 420 A.2d 1142 (1979); Riccio v. Abate, 176 Conn. 415, 418, 407 A.2d 1005 (1979); Hirst v. Hirst, 2 Conn. App. 348, 350, 478 A.2d 618 (1984).

¶7Our review is limited to a determination of whether the decision made is logically consistent and supported by the evidence. Pandolphe’s Auto Parts, Inc. v. Manchester, 181 Conn. 217, 221-22, 435 A.2d 24 (1980). We conclude that it is.

¶8There is no error.

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