`
`SUPERIOR COURT
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`ORDER 418032
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`PETERMAN, WILLIAM
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` V.
`THRELOFF, ELIZABETH A. Et Al
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`JUDICIAL DISTRICT OF MIDDLESEX
` AT MIDDLETOWN
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`7/21/2020
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`ORDER
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`ORDER REGARDING:
`11/12/2019 105.00 MOTION TO STRIKE
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`The foregoing, having been considered by the Court, is hereby:
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`ORDER: GRANTED
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`Familiarity with the allegations of the complaint and the standard for a motion to strike is assumed.
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`“The essential elements of a cause of action in negligence are well established: duty; breach of that duty;
`causation; and actual injury.” RK, Constructors, Inc. v. Fusco Corp., 231 Conn. 381, 384 (1994).
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`It is alleged that the defendant, Four Hundred Plus LLC (Keller) was the agent for the defendant
`Threloffs. It is also alleged that the plaintiff was represented by his own agent, one Harrington Real
`Estate.
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`The court concludes that the plaintiff has failed to allege sufficient facts to establish that the defendant
`Keller owed the plaintiff a duty. Certainly Keller , as the Threloffs’ agent, had a duty to tell them about a
`known condition on the plaintiff’s property. The court cannot find that Keller’s duty was also owed, or
`extended to the plaintiff.
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`The complaint is bereft of any allegations regarding actions by Keller directed to the plaintiff, such as a
`misrepresentation made to the plaintiff, which possibly could give rise to a claim for breach of a duty.
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`Judicial Notice (JDNO) was sent regarding this order.
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`418032
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`Judge: EDWARD S DOMNARSKI
`Processed by: Shalom Davis
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`This document may be signed or verified electronically and has the same validity and status as a document with a physical
`(pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services
`Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the
`Connecticut General Statutes and Connecticut Practice Book Section 4-4.
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`MMXCV196026523S 7/21/2020
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`Page 1 of 1
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