Sansone v. Lettieri

Robert Sansone v. Vincent Lettieri

Sansone v. Lettieri, 495 A.2d 720 (Conn. App. Ct. 1985)

Court: Connecticut Appellate Court · State Appellate Courts
Decided: July 9, 1985
Docket: No. 2232
Judges: Freedman
Citations: 495 A.2d 7204 Conn. App. 4661985 Conn. App. LEXIS 1049

Cited by 6

Opinion of the Court — Freedman

Text extracted by OCR from a scanned original; check the original for exact wording.

S. Freedman, J.

The defendants appeal from a judgment of the court awarding the plaintiff damages for work performed by him at the request of the defendants’ agent. The defendants claim that the court erred in permitting the plaintiff to amend his complaint at the conclusion of the case, in finding that an agency existed, and in finding that a $4000 payment to the plaintiff was irrelevant to the issues in the case.

The claim that the court improperly permitted the plaintiff to amend his complaint lacks merit. “The allowance of an amendment during the course of the trial lies in the sound discretion of the trial court.” DuBose v. Carabetta, 161 Conn. 254, 263 , 287 A.2d 357 (1971). In the exercise of that discretion, pleadings may be amended before, during or after trial to conform to the proof, and the trial judge’s ruling will be disturbed only upon a clear showing of abuse of discretion. Connecticut Bank & Trust Co. v. Wilcox, 3 Conn. App. 510 , 490 A.2d 95 (1985). The court’s ruling is entitled to great weight on appeal. Bielaska v. Waterford, 196 Conn. 151, 154 , 491 A.2d 1071 (1985). There is no showing here sufficient to demonstrate an abuse of discretion.

As to the remaining claims of error, it is apparent that the thrust of the defendants’ attack upon the court’s factual conclusions is an attempt to have us retry this case. “It was for the trial court to weigh the evidence and determine the credibility of the witnesses. This court cannot and will not weigh the evidence con *468 tained in the record before us.” Pantlin & Chananie Development Corporation v. Hartford Cement & Building Supply Co., 196 Conn. 233, 237 , 492 A.2d 159 (1985). We find no basis for concluding that the trial court erred in its findings or for overturning its factual determinations.

There is no error.

In this opinion the other judges concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →

State Appellate Courts6

Relies on it most ⓘ

Rosick v. Equipment Maintenance & Service, Inc.632 A.2d 1134 (Conn. App. Ct. 1993)
Luciani v. Stop & Shop Companies, Inc.544 A.2d 1238 (Conn. App. Ct. 1988)
Simmons v. Southern Connecticut Gas Co.508 A.2d 785 (Conn. App. Ct. 1986)
State v. Coriano530 A.2d 197 (Conn. App. Ct. 1987)
O'Brien v. Coburn700 A.2d 81 (Conn. App. Ct. 1997)
Wilson v. R.F.K. Corp.563 A.2d 738 (Conn. App. Ct. 1989)

Most recent

O'Brien v. Coburn700 A.2d 81 (Conn. App. Ct. 1997)
Rosick v. Equipment Maintenance & Service, Inc.632 A.2d 1134 (Conn. App. Ct. 1993)
Wilson v. R.F.K. Corp.563 A.2d 738 (Conn. App. Ct. 1989)
Luciani v. Stop & Shop Companies, Inc.544 A.2d 1238 (Conn. App. Ct. 1988)
State v. Coriano530 A.2d 197 (Conn. App. Ct. 1987)
Simmons v. Southern Connecticut Gas Co.508 A.2d 785 (Conn. App. Ct. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	DuBose v. Carabetta, 287 A.2d 357 (Conn. 1971)	81
	Pantlin & Chananie Dev. Corp. v. Hartford Cement & Bldg. Supply Co., 492 A.2d 159 (Conn. 1985)	63
	Bielaska v. Town of Waterford, 491 A.2d 1071 (Conn. 1985)	28
	Conn. Bank & Trust Co. v. Wilcox, 490 A.2d 95 (Conn. App. Ct. 1985)	6

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list