TUCCIO v. GARAMELLA

No. 29254.

969 A.2d 190 (2009)

114 Conn.App. 205

Edward J. TUCCIO et al. v. Jack D. GARAMELLA.

Appellate Court of Connecticut.

Decided May 5, 2009.


Attorney(s) appearing for the Case

John R. Williams, New Haven, for the appellants (plaintiffs).

Daniel B. Fitzgerald, New Haven, with whom, on the brief, was David R. Makarewicz, Hartford, for the appellee (defendant).

LAVINE, BEACH and STOUGHTON, Js.


STOUGHTON, J.

The plaintiffs, Edward J. Tuccio and Tuccio Development Corporation, Inc., have appealed from the judgment of nonsuit rendered against them and from the denial of their motion to set aside the judgment of nonsuit. The plaintiffs claim that nonsuit as a discovery sanction under the circumstances in this case was unduly harsh and an abuse of the trial court's discretion. We agree and, accordingly, reverse the judgment of the trial court.

The facts...

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