In the case of APPLEGATE CONDOMINIUM ASSOCIATION, INC. v. APPLEGATE ESTATES, LLC Et Al a motion for default – failure to plead has been granted. This means two things.
- In a civil case, a default for failure to plead usually means that, for the time being, you have lost the right to contest liability through a late Answer. There is a hearing scheduled for October 26, 2026 with a request to amend the complaint and a motion for nonsuit for failure to plead presumably up for discussion. Connecticut appellate authority specifically notes that a court may enter a default while stating that judgment has not yet been granted. Under Connecticut Practice Book § 17-32, if the default was for failure to plead and no judgment has been entered, filing an Answer can automatically set aside the default—but only if the plaintiff has not yet filed a claim for a hearing in damages or a motion for judgment. The plaintiff generally cannot file either of those steps until 15 days after notice of the default. Connecticut law also allows a pleading to be filed after its usual deadline up to the time the court hears a written motion for default or nonsuit for failure to plead; and, when a party has appeared, a default for failure to plead requires court action after notice and a hearing rather than a clerk simply entering it.
- Costs on both sides will keep going up and we will be paying the bulk of them through:
- Fees to Zeldes, Needle & Cooper, PC. They may be swapping motions for now but if it gets to interrogatories, depositions, and expert witnesses then fees are likely to get into five figures for some months.
- No new building. At the May 18, 2026 the president said that “Calco intends to begin work on the second sixplex this year if all units in first building are sold and weather permits.” The weather has been fine and there was a unit sale last month but unit 190 remains off the market.
- Lower value of all units. That last unit sale was for $443,500, $6,500 less than a similar unit sold last year.