Although he recently won a contract dispute matter for almost $173,000, plaintiffs counsel Richard Hayber said he felt like he was going to battle not just with the defense but also the first judge who had ruled against him.

In her seven-page ruling on June 16, Bridgeport Superior Court Judge Irene Jacobs—the second judge in the case—ruled that plaintiff Success Village Apartments Inc. had breached its contract with plaintiff David Paniccia, the former property manager and community association manager. Paniccia was awarded $172,969.

Hayber, a principal at Hayber, McKenna & Dinsmore in Hartford, said "the case was straightforward and should have been decided in 2017." Instead, Hayber said, he was perplexed with the ruling from the first judge: Bridgeport Superior Court Judge Richard Arnold. An amended complaint was filed in Bridgeport Superior Court in July 2017.

Arnold, Hayber said, ruled against his client, arguing the new board of directors had the right to override a contract Paniccia had with the previous board of directors. The new board of directors, Hayber noted, wanted to fire his client.

Hayber said Arnold, during the bench trial several years back, "based his ruling on a theory even the defense did not put forward. And that was that when the new board of directors met in executive session to discuss the contract, that they must have voted, which is illegal anyway. The judge said this even though no one from the defense testified there was a vote. The second trial forced me to bring in people to say there was no vote. We had to prove a negative."

Hayber continued: "After we brought the witnesses in, the rest of the case fell together. We had a written contract. This whole matter was more frustrating than anything."

Arnold declined to comment for this article.

In her ruling last week, Jacobs wrote that Paniccia's Oct. 15, 2015, "contract is a valid, two-year contract for employment of the plaintiff as community association manager for a term of two years at a salary of $90,000."

Hayber said the defense team informed him that the June 16 ruling would be appealed to the Connecticut Appellate Court.

Hayber said he intends to seek about $275,000 in attorney fees for the two trials and appeal.

Representing the defense apartment complex is Megan Bryson of Kaufman, Borgeest & Ryan of Stamford. Bryson did not respond to a request for comment.

Hayber said he is open to negotiating the matter.

"There is always room for negotiations," Hayber said. "I can tell you we will be looking to get near the full amount ($172,969) that my client is entitled to and fair attorney fees for me."

Hayber said Paniccia "is very happy about the ruling. He is a great guy." Paniccia, who is in his 40s, is now with another real estate management company in the state, Hayber said.

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