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28 ¦ SEPTEMBER 7, 2020 CONNECTICUT OPINIONS

The decedent entered defendant’s store twice to Connecticut statutes limited the potential salary
pick up prescription medications. During these for McCann as CEO of Options. At some point,
visits, Saranitsky,a CVS employee, wrongfully McCann incorporated Residential Services, a for-
disclosed to the decedent that her husband, the profit service provider and simultaneously served
original named plaintiff, had fathered plaintiff, a as president/CEO of RSS and Options. McCann
one-month-old child, with another woman. As a sought to resign as president/CEO of Options
result of this news, the decedent committed sui- and work as a consultant for Options. The two
cide. Plaintiff sued for negligence (counts one companies executed a series of management and
and three) and a breach of a healthcare provid- consulting contracts related to McCann’s com-
er’s duty of confidentiality (counts two and four). pensation as a consultant, during the negotiations
Counts one and two alleged claims against CVS of which McCann served as both CEO of Resi-
and counts three and four alleged claims against dential Services and consultant for Options. Mc-
Saranitzky. The defendants filed a motion to Cann continued to act as the “de facto” president
strike and the court granted it in part. Defendants of Options, while collecting a much higher salary
first moved to strike all counts of the complaint than statute would allow. Options began review-
on the basis that they were barred by the two-year ing the contracts as related-parties transactions,
statute of limitations. The complaint focused on and brought a multi-count claim against Mc-
the dates of December 24, 2015, and January Cann and Residential Services alleging McCann
2, 2016, and plaintiff did not file her substitute as an officer committed fraud, breach of fiduciary
complaint until January 29, 2020. Plaintiff ar- duty, breach of contract, misrepresentation, and
gued her complaint was timely under the relation negligence, and against Residential Services for
back doctrine, and the court agreed. Comparing breach of contract. Defendants brought several
the allegations of the original complaint with the defenses including violation of statute of limita-
substitute complaint, the court recognized that tions and unclean hands, fraudulent inducement,
both alleged the same underlying facts, and the and contractual unconscionability. The court
only difference was the identity of the plaintiff. found McCann deliberately misrepresented his
Therefore, the court denied defendants’ motion work and over-billed, and allowed the plaintiff to
on this ground. Defendants then argued that the apply the continuing course of conduct doctrine
plaintiff failed to allege that she knew, or came to overcome the statute of limitations. The court
to know of, the alleged wrongful disclosure of in- found in favor of the plaintiff as to McCann on
formation, given that she was one-month-old at fraud, breach of fiduciary duty, breach of con-
the time. The court agreed as to counts one and tract, misrepresentation, and negligence, and in
three, reasoning that it was impossible that a one- favor of the plaintiff as to Residential Services
month-old could have experienced any emotional on breach contract. The court awarded damag-
distress resulting from CVS informing the dece- es to Options, and denied Residential Service’s
dent of her existence. Therefore, the court grant- indemnification and counterclaims.
ed defendants’ motion as to counts one and three.
EMPLOYMENT LITIGATION
CONTRACTUAL DISPUTES •
Court Granted Defendants’ Motion for
EMPLOYMENT LITIGATION Summary Judgment With Respect to
the Counts of NIED and Interference
Court Grants Continuing Course of With Prospective Economic Advantage
Conduct Doctrine to Toll Statute of
Limitations in Contracts Dispute CASE: Michalsky v. Moffly Publ’n, Inc.

CASE: Options Unlimited, Inc. v. McCann COURT: Stamford/Norwalk J.D. at Stamford
COURT: Litchfield J.D. at Torrington DOC. NO.: CV-19-6042420
COURT OPINION BY: Genuario
DOC. NO.: LLI-CV-14-6011051 DATE: August 13, 2020 • PAGES: 23
COURT OPINION BY: Shaban
DATE: August 17, 2020 • PAGES: 53 Plaintiff is a media executive and defendant is a
Defendant McCann served as president/CEO magazine publisher. Defendant tried to recruit
for plaintiff Options Unlimited, a non-profit plaintiff and plaintiff was offered the title of Vice
corporation which provides home support ser- President with the promise that he would be pro-
vices to clients with disabilities. As a non-profit, moted to CEO within one year assuming sales

CONNECTICUT
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