45 Park Street Assoc. Limited Partnership v. Los Cubanitos Bakery, Inc.
CVH 85031679, H#674
SUPERIOR COURT OF CONNECTICUT
JUDICIAL DISTRICT OF HARTFORD- NEW BRITAIN, AT HARTFORD, HOUSING SESSION
1985 Conn. Super. LEXIS 122
August 12, 1985, Decided
August 13, 1985, Filed
MEMORANDUM OF DECISION RE: MOTION TO STRIKE
Plaintiff owns premises leased to the defendant. Although the written lease extended to July 30, 1986, the defendant vacated on or about October 30, 1984. Plaintiff’s Count One claims the balance of the lease rental and Count Four seeks reimbursement of a portion of the realty tax increases.
This motion to strike challenges the legal sufficiency of Counts One and Four of the complaint. Practice Book 154. The motion admits all well pleaded facts. Verdon v. Transamerican Ins. Co., 187 Conn. 363, 365, 446 A.2d 3 (1982).
The defendant argues that the suit should not be brought until it is known whether the defendant suffered actual damages from the breach. According to the defendant, suit would be ripe only upon reletting or August 1, 1986. The tenant claims reasonable efforts to mitigate are required. Danpar Associates v. Somersville Mills Sales Room, Inc., 182 Conn. 444, 438 A.2d 708 (1980); see Berkman, Duty of Commercial Landlords to Mitigate, 55 Conn. Bar Journal 339 (1981).
I.
A breach of contract can arise upon the breach of a lease. The wronged party can bring suit immediately, or wait within the statute of limitation; only one action may be brought, and that action would cover future or past damages in full. The mere fact the damages are uncertain would not bar suit: a claim can be unliquidated and matured. Unliquidated is not contingent. Recovery can be had for damages, which can be shown to be reasonably certain. The difficulty in proof does not bar the claim; Bridgeport v. Aetna Indemnity Co., 91 Conn. 197, 204-05, 99 A. 566 (1916); Neiditz v. Fine & Assoc., Inc., 2 Conn. App. 322, 328, 479 A.2d 249 (1984). “That damages may be difficult to assess is, in itself, insufficient reason for refusing them once the right to damages has been established.” Griffin v. Nationwide Moving & Storage Co., 187 Conn. 405, 420, 446 A.2d 799 (1982). The burden is on the plaintiff to prove damages with all reasonable possible certainty. SNE Contracting Co. v. State, 165 Conn. 644, 661, 345 A.2d 550 (1974); Hedderman v. Robt. Hall of Waterbury, Inc. ,145 Conn. 410, 414, 144 A.2d 60 (1958); see Pratt Trumbull Assoc. v. Keen CVH8006-274 (1982) # 341.
Accordingly, the motion to strike is denied.
GOLDSTEIN, J.