Opinion
(SC 15764)
Argued February 19, 1998
Officially released March 24, 1998
PROCEDURAL HISTORY
Action in two counts for, inter alia, an injunction prohibiting the defendants from violating a restrictive covenant in the deed to certain of their real property, and for other relief, brought to the Superior Court in the judicial district of Stamford-Norwalk, where the court, Nadeau, J., granted the defendants' motion for summary judgment as to the first count of the complaint; thereafter, the defendants filed a special defense and counterclaim to the remaining count of the complaint; subsequently, the parties filed a stipulation in which the plaintiff agreed to withdraw the remaining count of her complaint, the defendants agreed to withdraw their counterclaim, and the parties agreed that the summary judgment granted as to the first count constituted a final, appealable judgment; thereafter, the court, Karazin, J., rendered judgment for the defendants in accordance with the stipulation, and the plaintiff appealed to the Appellate Court, Spear, Hennessy and Stoughton, Js., which reversed the trial court's judgment and remanded the case with direction to deny the defendants' motion for summary judgment and for further proceedings, and the defendants, on the granting of certification, appealed to this court, which granted the plaintiff's motion to substitute Marta Weeks, as executrix of the estate of the plaintiff Anne S. Weeks, as the plaintiff. Appeal dismissed.
Howard C. Kaplan, for the appellants (defendants).
Douglas R. Steinmetz, with whom was Christopher J. McCaffrey, for the appellee (plaintiff).
OPINION
After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.
We granted the defendants' petition for certification to appeal from the judgment of the Appellate Court; Weeks v. Kramer, 45 Conn. App. 319, 696 A.2d 361 (1997); limited to the following issue: "Did the Appellate Court properly reverse the judgment of the trial court holding that the plaintiff could not enforce the restrictive covenant that had been created by the parties' predecessor in title, Hudson Nut Products, Inc., and finding that it did not run with the land?" Weeks v. Kramer, 243 Conn. 917, 701 A.2d 339 (1997).