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Sachem Capital Corp. v. Yoney

2026-10-06

Authorities cited

Opinion

majority opinion

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Sachem Capital Corp. v. Yoney

SACHEM CAPITAL CORP. v. GERALD J.

YONEY ET AL.

(AC 47614)

Cradle, C. J., and Elgo and Wilson, Js.*

Syllabus

The defendants appealed from the trial court’s judgment of possession for the substitute plaintiff. The defendants claimed, inter alia, that the court abused its discretion in denying their motion to open the default judgment. Held:

This court could provide no practical relief to the defendants, as, due to intervening circumstances, a controversy between the parties no longer existed; accordingly, this court dismissed the defendants’ appeal as moot.

Argued April 16, 2025—officially released October 6, 2026

Procedural History

Summary process action, brought to the Superior

Court in the judicial district of Fairfield, Housing Session at Bridgeport, where the court, Spader, J., granted the

motion to substitute Bros, Mgmt., LLC, as the plaintiff;

thereafter, the court, Cirello, J., granted the substitute plaintiff’s motion for a judgment of default and rendered judgment of possession for the substitute plaintiff; subsequently, the court, Cirello, J., denied the defendants’ motions to open the default judgment, from which the

defendants appealed to this court; thereafter, the appeal was withdrawn as to the named defendant. Appeal dismissed.

Joseph L. Rini, for the appellants (defendants Sarah

E. Yoney and Theresa A. Yoney)

Christopher J. Picard, for the appellee (substitute

plaintiff).

Opinion

ELGO, J. In this summary process action, the defendants Sarah E. Yoney and Theresa A. Yoney appeal from

the judgment of the trial court denying their respective

*

The listing of judges reflects their seniority status on this court as of the date of oral argument.

Sachem Capital Corp. v. Yoney

motions to open a default judgment rendered in favor of

the substitute plaintiff, Bros, Mgmt., LLC.1 We conclude

that the defendants’ appeal is moot due to intervening

circumstances and, accordingly, dismiss the appeal.

The relevant facts are not in dispute. The plaintiff commenced this summary process action in November 2019.

The action was held in abeyance for several years due to

the COVID-19 pandemic, which temporarily stayed all

executions on evictions and ejectments, as well as Gerald J. Yoney’s chapter 13 bankruptcy protection filing in the United States Bankruptcy Court for the District of Connecticut, which invoked an automatic bankruptcy stay.

On March 9, 2023, the substitute plaintiff filed a

motion for a default judgment against the defendants due

to their failure to appear. On March 15, 2023, the court

granted that motion and rendered judgment of possession

for the substitute plaintiff. The defendants thereafter

filed separate motions to open that default judgment.

The court held a hearing on the defendants’ motions

to open on April 29, 2024. It subsequently denied their

respective motions to open, and this appeal followed.

After oral argument before this court, we ordered the

parties to file supplemental briefs addressing the issue of whether the trial court had subject matter jurisdiction

over the summary process action as to the defendants.

On February 17, 2026, the parties filed a joint motion

for an extension of time to comply with that directive,

in which they stated: “The parties represent [that] this

matter is incorporated into an arbitration arising out of [Yoney Realty Corp. v. Sachem Capital Corp., Superior

1

Gerald J. Yoney also was named as a defendant in this action. Although he initially joined Sarah E. Yoney and Theresa A. Yoney in this appeal, he was removed as a party by order of this court on June 20, 2024. For clarity, we refer to Sarah E. Yoney and Theresa A. Yoney as the defendants and Gerald J. Yoney by name in this opinion.

In addition, we note that, although Sachem Capital Corp. commenced this summary process action, Bros, Mgmt., LLC, was substituted as the plaintiff in July 2022. We therefore refer to Sachem Capital Corp. as the plaintiff and Bros, Mgmt., LLC, as the substitute plaintiff in this opinion.

Sachem Capital Corp. v. Yoney

Court, judicial district of Fairfield, Docket No. CV-20-6099254-S].” In addition, the parties averred in relevant part: “[Subsequent to oral argument before the Appellate

Court] the parties entered into binding arbitration to . . . incorporate a global resolution to several cases inclusive of this matter. Arbitration is scheduled to occur . . .

beginning on March 4, 2026, and set to conclude on March

6, 2026. Depending on the outcome of the arbitration,

this [appeal] will either be withdrawn, or the eviction

can proceed unimpeded by the defendants.” This court

granted that extension request.

On March 31, 2026, the parties filed a second motion

for an extension of time. In that filing, the parties again represented in relevant part: “[T]he parties entered into binding arbitration to . . . incorporate a global resolution to several cases inclusive of this matter. Arbitration

commenced [in March 2026] and has been continued to

April 2026. Depending on the outcome of the arbitration,

this matter will either be withdrawn, or the eviction

can proceed unimpeded by the defendants.” This court

granted that second extension request.

On June 18, 2026, the parties filed a third motion for

an extension of time, averring in relevant part: “[T]he

parties entered into binding arbitration to . . . incorporate a global resolution to several cases inclusive of this matter. Arbitration commenced [in March 2026] and is

now in the briefing stages. The outcome of the arbitration directly affects this appeal as to whether this matter will be withdrawn, or the eviction can proceed unimpeded

by the defendants.” This court once again granted that

extension request.

On August 6, 2026, this court, sua sponte, ordered the

parties to file supplemental briefs addressing “whether

this court can provide the parties any practical relief or whether the appeal must be dismissed as moot in light

of the parties’ joint representation to this court, as

averred in three motions for extension, that the parties

have ‘entered into binding arbitration to . . . incorporate a global resolution to several cases inclusive of this

Sachem Capital Corp. v. Yoney

[appeal]’ and that, ‘[d]epending on the outcome of the

arbitration, this [appeal] will either be withdrawn, or

the eviction can proceed unimpeded by the defendants.’ ”

The defendants filed a supplemental brief in accordance

with that order on September 11, 2026. In that brief, the defendants averred in relevant part that “[t]he arbitration agreement referenced in the motions for extensions

of time . . . provides that the outcome of the arbitration decision will determine, in part relative to this action, whether the eviction of [the defendants] will proceed

without any interference of the parties to the summary

process action. The arbitration agreement further provides [that the substitute plaintiff] shall not proceed

with any efforts to remove [the defendants] from possession of the subject property by virtue of an execution or otherwise. . . . The arbitration agreement was entered into after the argument of the appeal in this matter . . . and expressly provides that, after the Appellate Court

would render its decision, the summary process action

would be stayed until the decision was rendered in the

arbitration.” With respect to the mootness issue raised

in this court’s August 6, 2026 supplemental brief order,

the defendants stated in relevant part: “As a decision of the Appellate Court affirming the trial court or a decision sustaining the appeal will not control the ultimate question of whether an eviction will take place, the Appellate Court cannot give any practical relief and the Appellate

Court can dismiss the appeal as moot . . . .”2

It is well established that “[m]ootness presents a legal

question and implicates this court's subject matter jurisdiction, a threshold matter to resolve. . . . This court

has a duty to dismiss cases over which it lacks subject

matter jurisdiction, which cannot be conferred by the

consent of the parties.” (Citation omitted.) Gladstein

v. Goldfield, 325 Conn. 418, 424, 159 A.3d 661 (2017).

“[T]he question of subject matter jurisdiction, because

it addresses the basic competency of the court, can be

2

The substitute plaintiff did not file a supplemental brief with this court.

Sachem Capital Corp. v. Yoney

raised by any of the parties, or by the court sua sponte, at any time . . . .” (Emphasis in original; internal quotation marks omitted.) M&T Bank v. Lewis, 349 Conn. 9,

20, 312 A.3d 1040 (2024). Our review of the question of

mootness is plenary. See State v. Rodriguez, 320 Conn.

694, 699, 132 A.3d 731 (2016).

“Because courts are established to resolve actual controversies, before a claimed controversy is entitled to

a resolution on the merits it must be justiciable. Justiciability requires (1) that there be an actual controversy between or among the parties to the dispute . . . (2) that the interests of the parties be adverse . . . (3) that the matter in controversy be capable of being adjudicated

by the judicial power . . . and (4) that the determination of the controversy will result in practical relief to the complainant. . . . [I]t is not the province of appellate

courts to decide moot questions, disconnected from the

granting of actual relief or from the determination of

which no practical relief can follow. . . . In determining mootness, the dispositive question is whether a successful appeal would benefit the plaintiff or defendant in any way.” (Citation omitted; emphasis in original; internal

quotation marks omitted.) MacDermid, Inc. v. Leonetti,

328 Conn. 726, 754–55, 183 A.3d 611 (2018).

“Mootness presents a circumstance wherein the issue

before the court has been resolved or had lost its significance because of a change in the condition of affairs between the parties. . . . A case becomes moot when due

to intervening circumstances a controversy between the

parties no longer exists.” (Internal quotation marks omitted.) Statewide Grievance Committee v. Burton, 88 Conn.

App. 523, 529, 871 A.2d 380 (2005), aff'd, 282 Conn. 1,

917 A.2d 966 (2007). That is the case here. During the

pendency of this appeal, the parties entered into binding arbitration to resolve several cases, including the one

giving rise to this appeal. As a result of that arbitration, this appeal ultimately will “either be withdrawn, or the

eviction can proceed unimpeded by the defendants,” as

the parties repeatedly averred in motions they jointly

Sachem Capital Corp. v. Yoney

filed with this court. Moreover, the defendants affirmatively represented to this court in their September

11, 2026 supplemental brief that the arbitration agreement between the parties “expressly provides that [if]

the Appellate Court [issues] its decision [in the present appeal], the summary process action would be stayed

until the decision was rendered in the arbitration.” For

that reason, the defendants concede that this court cannot provide them with any practical relief.

In light of those intervening circumstances, we conclude that the present appeal has become moot, as this

court can provide no practical relief to the defendants.

See Moraski v. Connecticut Board of Examiners of

Embalmers & Funeral Directors, 291 Conn. 242, 255,

967 A.2d 1199 (2009) (“[a] case is considered moot if an

appellate court cannot grant the appellant any practical

relief through its disposition of the merits” (internal

quotation marks omitted)). Accordingly, this court lacks

subject matter jurisdiction over the defendants’ appeal.

The appeal is dismissed.

In this opinion the other judges concurred.