Pellechia v. Estate of DiMartino
Connecticut General Statutes §45a-375 requires that suits against an estate be commenced within two years of the decedent's death. The plaintiff, Linda Pellechia, alleged the following facts, which have not been proven. Pellechia hired Attorney James DiMartino to represent her, when Pellechia decided to sell property in New York. In 2005, a prospective purchaser paid $13,750 as a deposit, and a closing was scheduled for December 2005. The buyer's attorney asked that DiMartino contact him about subdivision permits. Allegedly, although DiMartino said that he would take care of it, permits were not obtained. Tenants who had been paying the rent vacated the residence, in anticipation of the December closing. The prospective purchaser exercised its option to extend the closing, and Pellechia did not receive rental income for months. DiMartino advised Pellechia to return the deposit and to sell the property to another buyer. The backup buyer rescinded the contract, and the plaintiff's property was vandalized and condemned. In November 2008, DiMartino was murdered. Pellechia sued DiMartino's estate in February 2011, alleging breach of contract, fraud, breach of fiduciary duty and legal malpractice. The District Court found that Pellechia's claims against DiMartino's estate were barred by the two-year statute of limitations in C.G.S. §45a-375. The court dismissed the plaintiff's complaint.