Akinyele v. Huntington Condominium Assn., Inc.

Summary

The Connecticut Appellate Court held that the plaintiff’s claims for breach of contract, breach of the implied duty of good faith and fair dealing, and negligence were not barred by res judicata. Applying Coach Run Condominium, Inc. v. Furniss, the court concluded that the plaintiff could not have brought those claims in the prior condominium lien foreclosure action and therefore lacked a full opportunity to litigate them. The court reversed the trial court’s dismissal and remanded for further proceedings.

Holdings

1. The plaintiff's claims were not barred by res judicata because he was unable, as a matter of law, to bring those claims against the condominium association in the prior foreclosure action.
2. The trial court improperly granted the defendant's motion to dismiss and/or motion for summary judgment and dismissed the plaintiff's claims on the basis of res judicata.

Questions Presented

1. Whether the plaintiff's claims for breach of contract, breach of the implied duty of good faith and fair dealing, and negligence were barred by res judicata because they could have been raised in the prior condominium-lien foreclosure action.
2. Whether the plaintiff had an opportunity to fully litigate those claims in the prior foreclosure action.

Disposition

reversed_and_remanded