Efron v. Cutaia, No. Cv90 0111040 (Feb. 22, 1994)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION After reviewing the affidavits of debt submitted in connection with a hearing in damages, including an affidavit regarding attorney's fees, judgment hereby enters against the defendant Cutaia, in favor of the plaintiffs listed below. The amounts specified include interest from July 1, 1989 to February 22, 1994.

1. Ambi Real Estate

Principal due: $12,152.91 Total interest due: 10,317.76

Per diem = $6.03 (Interest 7/1/89 to 5/31/93 = $8694.40; Interest 6/1/93 to 10/20/93 = $ 863.36; Interest 10/21/93 to 2/22/94 = $ 760.00) CT Page 1773

Total owed: $22,470.67

2. Rudolph Aouilino

Principal Due: $ 9,732.82 Total Interest Due: 8,264.39

Per diem = $4.87 (Interest 7/1/89 to 5/31/93 = $6,964.10; Interest 6/1/93 to 10/20/93 = 691.54; Interest 10/21/93 to 2/22/94 = 608.75)

Total owed: $17,997.21

3. Carole Bishop

Principal due: $ 9,732.82 Total Interest due: 8,264.39

Per diem = $4.87 (Interest 7/1/89 to 5/31/93 = $ 6,964.10; Interest 6/1/93 to 10/20/93 = 691.54; Interest 10/21/93 to 2/22/94 = 608.75)

Total owed: $17,997.21

4. Thomas Boyden

Principal due: $ 9,163.31 Total Interest due: 6,929.54

Per diem = $4.58 (Interest 7/1/89 to 5/31/93 = $ 5,711.26; Interest 6/1/93 to 10/20/93 = 645.78; Interest 10/21/93 to 2/22/94 = 572.50)

Total owed: $16,092.85

5. Leonard Delisi

Principal due: $ 9,732.82 Total interest due: 8,264.39

Per diem = $4.87 (Interest 7/1/89 TO 5/31/93 = $ 6,964.10; CT Page 1774 Interest 6/1/93 to 10/20/93 = 691.54; Interest 10/21/93 to 2/22/94 = 608.75)

Total owed: $17,997.21

6. Norman Diamond

Principal due: $ 8,101.92 Total Interest due: 6,872.85

Per diem = $4.05 (Interest 7/1/89 to 5/31/93 = $ 5,791.50; Interest 6/1/93 to 10/20/93 = 575.10; Interest 10/21/93 to 2/22/94 = 506.25)

Total owed: $14,974.77

7. Kwang Duck-You

Principal due: $29,198.49 Total due: 24,776.20

Per diem = $14.60 (Interest 7/1/89 to 5/31/93 = $20,878.00; Interest 6/1/93 to 10/20/93 = 2,073.20; Interest 10/21/93 to 2/22/94 = 1,825.00)

Total owed: $53,974.69

8. Efron Efron Real Estate

Principal due: $16,203.87 Total interest due: 13,745.70

Per diem = $8.10 (Interest 7/1/89 to 5/31/93 = $11,583.00; Interest 6/1/93 to 10/20/93 = 1,150.20; Interest 10/21/93 to 2/22/94 = 1,012.50)

Total owed: $29,949.57

9. Lowell E. Enslen

Principal due: $14,599.26 Total interest due: 12,388.10 CT Page 1775

Per diem = $7.30 (Interest 7/1/89 to 5/31/93 = $10,439.00; Interest 6/1/93 to 10/20/93 = 1,036.60; Interest 10/21/93 to 2/22/94 = 912.50)

Total owed: $26,987.36

10. John Gary Fencik

Principal due: $14,599.26 Total interest due: 12,388.10

Per diem = $7.30 (Interest 7/1/89 to 5/31/93 = $10,439.00; Interest 6/1/93 to 10/20/93 = 1,036.60; Interest 10/21/93 to 2/22/94 = 912.50)

Total owed: $26,987.36

11. Sheldon Fox

Principal due: $14,599.26 Interest due: 12,388.10

Per diem = $7.30 (Interest 7/1/89 to 5/31/93 = $10,439.00; Interest 6/1/93 to 10/20/93 = 1,036.60; Interest 10/21/93 to 2/22/94 = 912.50)

Total owed: $26,987.36

12. Raymond and Joan Bill

Principal due: $14,599.26 Total interest due: 12,388.10

Per diem = $7.30 (Interest 7/1/89 to 5/31/93 = $10,439.00; Interest 6/1/93 to 10/20/93 = 1,036.60; Interest 10/21/93 to 2/22/94 = 912.50)

Total owed: $26,987.36

13. Renee Gordon CT Page 1776

Principal due: $14,599.26 Total interest due: 12,388.10

Per diem = $7.30 (Interest 7/1/89 to 5/31/93 = $10,439.00; Interest 6/1/93 to 10/20/93 = 1,036.60; Interest 10/21/93 to 2/22/94 = 912.50)

Total owed: $26,987.36

14. Alan S. Greenberg

Principal due: $76,968.38 Total interest due: 65,300.56

Per diem = $38.48 (Interest 7/1/89 to 5/31/93 = $55,026.40; Interest 6/1/93 to 10/20/93 = 5,464.16; Interest 10/21/93 to 2/22/94 = 4,810.00)

Total owed: $142,268.94

15. Hiljan Associates

Principal due: $ 29,198.49 Total interest due: 24,776.20

Per diem = $14.60 (Interest 7/1/89 to 5/31/93 = $20,878.00; Interest 6/1/93 to 10/20/93 = 2,073.20; Interest 10/21/93 to 2/22/94 = 1,825.00)

Total owed: $ 53,974.69

16. Walter A. March

Principal due: $ 14,599.26 Total interest due: 12,388.10

Per diem = $7.30 (Interest 7/1/89 to 5/31/93 = $10,439.00; Interest 6/1/93 to 10/20/93 = 1,036.60; Interest 10/21/93 to 2/22/94 = 912.50) CT Page 1777

Total owed: $ 26,987.36

17. Richard A. Mayer

Principal due: $ 9,732.82 Total interest due: 8,264.39

Per diem = $4.87 (Interest 7/1/89 to 5/31/93 = $6,964.10; Interest 6/1/93 to 10/20/93 = 691.54; Interest 10/21/93 to 2/22/94 = 608.75)

Total owed: $17,997.21

18. Bruce Patron and Randee Massetti

Principal due: $14,599.26 Total interest due: 12,388.10

Per diem = $7.30 (Interest 7/1/89 to 5/31/93 = $10,439.00; Interest 6/1/93 to 10/20/93 = 1,036.60; Interest 10/21/93 to 2/22/94 = 912.50)

Total owed: $26,987.36

19. Wayne D. Paulson

Principal due: $14,599.26 Total interest due: 12,388.10

Per diem = $7.30 (Interest 7/1/89 to 5/31/93 = $10,439.00; Interest 6/1/93 to 10/20/93 = 1,036.60; Interest 10/21/93 to 2/22/94 = 912.50)

Total owed: $26,987.36

20. Doug Plank

Principal due: $ 9,732.82 Total interest due: 8,264.39

Per diem = $4.87 (Interest 7/1/89 to 5/31/93 = $6,964.10; CT Page 1778 Interest 6/1/93 to 10/20/93 = 691.54; Interest 10/21/93 to 2/22/94 = 608.75)

Total owed: $17,997.21

21. Marvin H. Salisbury

Principal due: $14,599.26 Total interest due: 12,388.10

Per diem = $7.30 (Interest 7/1/89 to 5/31/93 = $10,439.00; Interest 6/1/93 to 10/20/93 = 1,036.60; Interest 10/20/93 to 2/22/94 = 912.50)

Total owed: $26,987.36

22. S. Roger Schoenfeld

Principal due: $ 9,732.82 Total interest due: 8,264.32

Per diem = $4.87 (Interest 7/1/89 to 5/31/93 = $6,964.10; Interest 6/1/93 to 10/20/93 = 691.54; Interest 10/21/93 to 2/22/94 = 608.75)

Total owed: $17,997.21

23. Michael Soojian

Principal due: $29,198.49 Total interest due: 24,776.20

Per diem = $14.60 (Interest 7/1/89 to 5/31/93 = $20,878.00; Interest 6/1/93 to 10/20/93 = 2,073.20; Interest 10/20/93 to 2/22/94 = 1,825.00)

Total owed: $53,974.69

In addition, attorney's fees of $12,536.00 and costs of $599.20 are awarded against defendant Cutaia.

So ordered. CT Page 1779

Dated at Stamford Superior Court, this February 22, 1994.

WILLIAM BURKE LEWIS