Opinion
12-21-2021
STRAZZA BUILDING AND CONSTRUCTION, INC. v. Jennifer G. HARRIS, Trustee, et al.
Bruce L. Elstein, in support of the petition. Anthony J. LaBella, in opposition.
Bruce L. Elstein, in support of the petition.
Anthony J. LaBella, in opposition.
The petition of the named defendant and the defendant Jennifer G. Harris for certification to appeal from the Appellate Court, 207 Conn. App. 649, 262 A.3d 996 (2021), is granted, limited to the following issues:
"1. Did the Appellate Court correctly determine that there existed a genuine issue of material fact as to whether the plaintiff general contractor was in privity with its subcontractor for the purposes of res judicata, despite the fact that, in a separate proceeding against the subcontractor, the trial court found that no money was due to the general contractor, and pursuant to General Statutes § 49-33 (f), the subcontractor was statutorily subrogated to the rights of the general contractor?
"2. Did the Appellate Court correctly determine that the presumption of privity set forth in Girolametti v. Michael Horton Associates, Inc., 332 Conn. 67, 208 A.3d 1223 (2019), was inapplicable to the present case and that no ‘flow up’ obligation extended from a subcontractor to a general contractor?"