Ostrout v. Krukowski
CourtVermont Superior Court
Date FiledNovember 2, 2026
Docket25-cv-5488
StatusUnknown
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Full Opinion
VERMONT SUPERIOR COURT CIVIL DIVISION
Washington Unit Case No. 25-CV-05488
65 State Street
Montpelier VT 05602
802-828-2091
www.vermontjudiciary.org
Terry Ostrout v. Walt Krukowski
ENTRY REGARDING MOTION
Title: Motion to Reconsider (Motion: 6)
Filer: Walt Krukowski
Filed Date: September 16, 2026
The motion is DENIED.
Following a bench trial and the Court’s written decision finally resolving all claims in
this case, Defendant Mr. Krukowski has filed a motion seeking additional or amended findings, a
potentially amended judgment and, in the alternative, to reopen the case for further consideration
of his claims under V.R.C.P. 52(b) and 59(e). This motion is DENIED.
The thrust of Mr. Krukowski’s motion is that he is uncertain whether the Court
considered all his evidence and whether it fully considered his counterclaims.
As the Court explained in its decision, both parties’ evidentiary presentations left much to
be desired. Nevertheless, the Court liberally allowed the parties, both unrepresented, to present
their evidence best they could, it considered the evidence that was admitted, and it assigned
whatever weight that evidence deserved in arriving at its decision.
As to the counterclaims, they were addressed summarily in the decision. The Court
clarifies as follows. By the time of trial, it was fully apparent that this case boiled down to the
parties’ competing claims for contribution for snow removal and road maintenance expenses in
the context of their indefatigably fractious relationship. Those competing claims were fully
considered and resolved by the Court’s decision.
Nominally, Mr. Krukowski also claimed abuse of process and negligent
misrepresentation. These claims were never the focus of the parties in this case, including at
trial, and nothing in the record ever disclosed that they could have had any legal merit. The
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25-CV-05488 Terry Ostrout v. Walt Krukowski
Court expressly indicated in its decision that the claims other than for shared expenses were
denied. More analysis was not warranted, then or now.
There is no basis for relief under Rules 52(b) or 59(e). The Court’s September 1, 2026,
decision resolved all remaining issues in this case, leaving nothing left to be decided.
So Ordered.
Electronically signed on 10/8/2026 4:23 PM pursuant to V.R.E.F. 9(d)
__________________________________
Daniel Richardson
Superior Court Judge
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25-CV-05488 Terry Ostrout v. Walt Krukowski