Akinyele v. Huntington Condominium Assn., Inc.

── Akinyele v. Huntington Condominium Assn., Inc. ── Court: Connecticut Appellate Court Date: May 05, 2026 Author: Moll Category: General ************************************************ The “officially released” date that appears near the beginning of an opinion is the date the opinion will be published in the Connecticut Law Journal or the date it is released as a slip opinion. The operative date for the beginning of all time periods for the filing of postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying an opinion that appear in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced or distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ************************************************  Akinyele v. Huntington Condominium Assn., Inc. AKINTAYO AKINYELE v. HUNTINGTON CONDOMINIUM ASSOCIATION, INC., ET AL. (AC 47624) Moll, Clark and Wilson, Js. Syllabus The plaintiff, who owned a condominium unit at the defendant condominium complex, appealed from the trial court’s judgment dismissing, on the basis of res judicata, his claims against the defendant. He claimed that the court improperly determined that his claims were barred by res judicata because he did not have the opportunity to fully litigate those claims sounding in, inter alia, breach of contract, in a prior, related foreclosure action. Held: The trial court improperly concluded that the plaintiff’s claims were barred by res judicata, as, applying the rationale of Coach Run Condominium, Inc. v. Furniss (136 Conn. App. 698), this court concluded that the plaintiff was unable, as a matter of law, to bring his claims against the defendant in the prior foreclosure action and, thus, he did not have an opportunity to litigate fully those claims; accordingly, this court reversed the trial court’s judgment of dismissal. Argued September 25, 2025—officially released May 5, 2026 Procedural History Action to recover damages for, inter alia, breach of contract, and for other relief, brought to the Superior Court in the judicial district of Fairfield, where the defen- dant McCarthy Associates, LLC, et al. were defaulted for failure to appear; thereafter, the plaintiff withdrew the complaint as to the defendant County Management Services, LLC; subsequently, the court, Hon. William Holden, judge trial referee, dismissed the plaintiff’s claims against the defendant McCarthy Associates, LLC, et al. and granted the named defendant’s motion to dis- miss, from which the plaintiff appealed to this court. Reversed; further proceedings. Donald M. Brown, for the appellant (plaintiff). David Corbett, for the appellee (named defendant).  Akinyele v. Huntington Condominium Assn., Inc. Opinion MOLL, J. The plaintiff, Akintayo Akinyele, appeals from the judgment of the trial court dismissing, on the basis of res judicata, his claims against the defendant Huntington Condominium Association, Inc., also known as Huntington Condominium Association-Bridgeport, Inc.1 On appeal, the plaintiff claims that the court improperly determined that his claims were barred by res judicata because, the plaintiff argues, he did not have