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Prevailed for Developer in Injunction Action Seeking to Enforce Unsigned Property Sale Contract

Capelli Organization

Represented the Cappelli Organization, a successful commercial real estate developer based in White Plains, NY which had built a shopping center in Milford, CT.  Cappelli was negotiating a lease for one of the pad sites with an affiliate of ConnectiCare, Inc., which wanted to build out a walk-in retail insurance center.  The negotiations broke down and Cappelli declined to sign the lease.  ConnectiCare sued the Cappelli affiliate in New Britain Superior Court seeking specific performance of the unsigned lease on the grounds that it had spent money on preparations during the negotiations and the Cappelli site was the only property that met its site criteria.  Along with its complaint, ConnectiCare filed a motion for temporary injunction seeking to force Cappelli to deliver immediate possession of the space to ConnectiCare, which would have caused Cappelli to breach its lease with another tenant.  The temporary injunction hearing went forward before Judge Shortall in July 2016.  Once ConnectiCare rested its case, Attorney Williams moved to dismiss ConnectiCare’s injunction claim.  Judge Shortall orally denied the temporary injunction motion, finding that ConnectiCare had acted unfairly, did not rely on Cappelli in deciding to do the work, was not likely to succeed on the merits, had not shown irreparable harm, and that the balancing of the equities favored Cappelli.  Soon after, ConnectiCare withdrew its lawsuit.  The case was Care Management Solutions, Inc. v. CG Milford, LLC, Docket No. HHB-CV16-6033469-S.

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