Upon final disposition of the appeal, the trial court shall hold a hearing to determine the amount due each party from the accrued payments for use and occupancy and order distribution in accordance with such determination. Such determination shall be based upon the respective claims of the parties arising during the pendency of the proceedings after the date of the order for payments and shall be conclusive of those claims only to the extent of the total amount distributed.
(P.A. 79-571, S. 62.)
A proceeding under section is properly limited to those claims related to the use and occupancy of the premises during pendency of the appeal, and therefore court did not abuse its discretion in denying defendant's request to enlarge the proceedings to include a CUTPA claim and an entry and detainer action. 112 CA 1. The standard in distributing use and occupancy payments under section is whether the claim for release of the use and occupancy payments is related to the use and occupancy of the premises; since defendants' claim for attorney's fees related to expenses incurred during the action and did not relate to physical use and occupancy of the premises, ordering the distribution of one half of the use and occupancy payments to defendants for attorney's fees was improper. 145 CA 682.
Cited. 38 CS 70.
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