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CONNECTICUT BANK & TRUST CO. v. CARRIAGE LANE ASSOCIATES

(14232)

219 Conn. 772 (1991)

CONNECTICUT BANK AND TRUST COMPANY v. CARRIAGE LANE ASSOCIATES ET AL.

Supreme Court of Connecticut.

Decision released July 30, 1991.

Attorney(s) appearing for the Case

Robert P. Hanahan, with whom was Brian A. Barnes, for the appellant (defendant John F. Hychko).

James J. Tancredi, with whom were Rhoda L. Rudnick and, on the brief, Katherine A. Burroughs, for the appellees (plaintiff and F.P., Inc.).

PETERS, C. J., GLASS, COVELLO, BORDEN and F. X. HENNESSY, JS.

PETERS, C. J.

The primary issue in this appeal is whether, in the absence of an express agreement or a showing of bad faith, a senior mortgagee owes a duty to a junior mortgagee to advance the proceeds of a loan to the mortgagor in accordance with the terms of the senior mortgage. The named plaintiff, Connecticut Bank and Trust Company, N.A. (CBT), initiated this action to foreclose on a mortgage that it held on real property owned by the named defendant, Carriage...

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