A-Right Plumbing, Sewer & Water Main Co., LLC v. Aquarion Operating Services Co.
A-Right Plumbing, Sewer & Water Main Co., LLC v. Aquarion Operating Services Co.
Opinion of the Court
Opinion
The plaintiff, A-Right Plumbing, Sewer and Water Main Company, LLC, appeals from the summary judgment of the trial court
The plaintiff, a plumbing contractor that repairs sewer and water lines, brought this action against the defendants, which operate repair programs through which consumers can, for a fixed annual fee, purchase in advance plans for the repair and replacement of water and sewer pipes, alleging violations of General Statutes § 42-110b (a)
The plaintiffs sole claim on appeal is that the trial court improperly rendered summary judgment because there is a question of fact regarding whether the defendants had engaged in deceptive acts or practices in violation of CUTPA. The fatal flaw in this claim, as the trial court determined and as the defendants contend in this court, is that the plaintiff never raised a claim of deceptive acts or practices as a basis for the alleged CUTPA violation in the trial court. The plaintiffs complaint does not allege deception and, as the plaintiff conceded at oral argument before this court, the plaintiff, in oral argument before the trial court on the summary judgment motion, explicitly disavowed any claim of deception. We therefore decline to address the plaintiffs claim on appeal.
The judgment is affirmed.
The plaintiff appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.
General Statutes § 42-110b (a) provides: “No person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.”
Reference
- Full Case Name
- A-RIGHT PLUMBING, SEWER AND WATER MAIN COMPANY, LLC v. AQUARION OPERATING SERVICES COMPANY
- Cited By
- 1 case
- Status
- Published