The Connecticut Appellate Court has reversed a lower court's summary judgment in a vexatious litigation case involving J & G Realty, LLC and defendants Bridjay Capone and Peter Lathouris. The ruling, released on October 13, 2026, affects the ongoing legal disputes surrounding the Bongiorno family businesses and their ownership interests.
This case matters because it highlights the complexities of vexatious litigation claims, which can arise when a party believes another has pursued legal action without probable cause. The court's decision could influence how similar cases are handled in the future, especially regarding the standards for proving probable cause in vexatious litigation claims.
Background
The parties involved in this case are J & G Realty, LLC, and two other entities, which are the plaintiffs, and defendants Bridjay Capone and Peter Lathouris. The dispute traces back to a 2012 action initiated by Capone and her mother, Marie Bongiorno, against various individuals and business entities, including the plaintiffs. They sought to dissolve and wind up the Bongiorno businesses, which included J & G Realty.
In the initial case, Marie Bongiorno's claims were dismissed by the trial court due to a lack of standing, as she failed to demonstrate a specific legal interest in the entities involved. This dismissal was affirmed by the Connecticut Appellate Court, and the Supreme Court denied her petition for certification to appeal. Subsequently, Lathouris appeared on behalf of the Bongiornos and filed an amended complaint claiming Marie held an economic interest in J & G Realty, which led to the current vexatious litigation claims.
The Ruling
The Connecticut Appellate Court ruled that the trial court had applied the wrong legal standard for determining probable cause in the vexatious litigation claims against Lathouris and Capone. The court stated, "The trial court improperly concluded that L was entitled to summary judgment as a matter of law as to J Co.’s vexatious litigation claim against him."
Furthermore, the court found that a reasonable attorney familiar with Connecticut law would not have believed there was probable cause to pursue the legal theory that Marie Bongiorno held an economic interest in J & G Realty after the Supreme Court denied her petition for certification. The judges on the panel included Alvord, Moll, and Seeley.
Impact
This ruling is significant as it clarifies the standards for vexatious litigation claims in Connecticut. The court emphasized that the determination of probable cause should be based on an objective standard, rather than a subjective one. This means that future cases may see a stricter interpretation of what constitutes probable cause, potentially making it harder for defendants to claim immunity under the vexatious litigation statute.
The decision affects not only the parties involved in this case but also sets a precedent for similar disputes in the future. It highlights the importance of having a clear understanding of ownership interests and the legal grounds for pursuing litigation, particularly in complex family business matters.
What's Next
The case may be appealed further, but details were not available in the court filing regarding any related cases pending. The plaintiffs may seek to clarify their claims and pursue further legal action against the defendants following this ruling.