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Corleto Resolves Tenant’s Debt through Writ of Attachment

June 2, 2009
Anthony B. Corleto (Partner-Connecticut) resolved a commercial dispute between Wilson Elser’s client, a landlord, and his tenant, a printing/graphics design business, whose owner was chronically delinquent in paying his rent and was preparing to vacate the premises prior to the expiration of his lease.

In a rare move, the court granted the Writ of Attachment in an amount $240,000, which covered both back rent and the remaining balance of the lease.

Utilizing Connecticut’s pre-suit provisional remedies, Wilson Elser brought an ex-parte application to the court premised on the tenant’s pending abandonment and relocation from the state. Based on the default and acceleration clauses in the lease, the court ordered an attachment of all the tenant’s assets, including office furniture, printing equipment, computers and computer-related hardware and software and all other business assets. A state marshal was dispatched to the premises with a moving truck and padlocks. After being served with the Writ of Attachment the tenant immediately agreed to settle the dispute.

Mr. Corleto handles a significant amount of commercial property transactions and litigation involving collection and environmental issues.

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