Opinion
(2776) (2777)
Argued January 11, 1985
Decision released March 19, 1985
Action, in the first case, to recover unpaid rent, and action, in the second case, to recover the value of alleged improvements to the leased premises, brought to the Superior Court in the judicial district of Middlesex, where the cases were combined for trial and tried to the court, Spallone, J.; judgment for the plaintiff in the first case and judgment for the defendants in the second case, and appeals by the defendant in the first case and by the plaintiff in the second case. No error.
Edmund C. Tiryakian, with whom, on the brief, was James M. Ullman, for the appellants (defendant in the first case, plaintiff in the second case).
David M. Askinas, with whom, on the brief, was Raynald B. Cantin, for the appellees (plaintiff in the first case, defendants in the second case).
The plaintiff in the first case, Haritsa X. Halepas, brought an action for rent for premises owned by Halepas and occupied by the defendant, G. William Malerba. In a second action, Malerba's Silver City Tire Company, Inc., brought suit against Haritsa X. and Peter Halepas, for damages and unjust enrichment due to substantial improvements made by it to the premises. The trial court rendered judgment for Halepas in both actions, and Malerba and Malerba's Silver City Tire Co. appealed.
These cases were consolidated for trial.
These appeals, originally filed in the Supreme Court, were transferred to this court. General Statutes 51-199 (c).
We have carefully reviewed the claims of error, which primarily attack the factual findings of the trial court, and find them to be without merit. This court does not, and will not, retry facts found by the trial court that are amply supported by the evidence and are not clearly erroneous. See Hobby v. Feldman, 2 Conn. App. 696, 697, 482 A.2d 1226 (1984).