Borelli v. Town of Ansonia, No. Cv 00-044491s (Jun. 6, 2001)

Connecticut Superior Court

Borelli v. Town of Ansonia, No. Cv 00-044491s (Jun. 6, 2001)

2001 Conn. Super. Ct. 7758

CourtConnecticut Superior Court

DecidedJune 5, 2001

DocketNo. CV 00-044491S

StatusUnpublished

This text of 2001 Conn. Super. Ct. 7758 (Borelli v. Town of Ansonia, No. Cv 00-044491s (Jun. 6, 2001)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Borelli v. Town of Ansonia, No. Cv 00-044491s (Jun. 6, 2001), 2001 Conn. Super. Ct. 7758 (Colo. Ct. App. 2001).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE: MOTION TO DISMISS #108 The defendants have challenged the jurisdiction of the court on the basis of res judicata and statute of limitations. Although these claims CT Page 7759 appear to have some merit, they may not be raised by a motion to dismiss. See Labbe v. Pension Commission, 229 Conn. 801, 816 (1994) (res judicata does not provide a basis for a judgment of dismissal); Ross Realty Corp.v. Surkis, 163 Conn. 338, 391 (1972) (the defense of the statute of limitations cannot be raised by motion to dismiss); see also Practice Book § 10-50 (res judicata and statute of limitations must be specially pleaded).

The defendants' motion to dismiss must be denied.

So Ordered at New Haven, Connecticut this 5 day of June, 2001.

Devlin, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE: MOTION TO DISMISS #108 The defendants have challenged the jurisdiction of the court on the basis of res judicata and statute of limitations. Although these claims CT Page 7759 appear to have some merit, they may not be raised by a motion to dismiss. See Labbe v. Pension Commission, 229 Conn. 801, 816 (1994) (res judicata does not provide a basis for a judgment of dismissal); Ross Realty Corp.v. Surkis, 163 Conn. 338, 391 (1972) (the defense of the statute of limitations cannot be raised by motion to dismiss); see also Practice Book § 10-50 (res judicata and statute of limitations must be specially pleaded).

The defendants' motion to dismiss must be denied.

So Ordered at New Haven, Connecticut this 5 day of June, 2001.

Devlin, J.

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2001 Conn. Super. Ct. 7758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borelli-v-town-of-ansonia-no-cv-00-044491s-jun-6-2001-connsuperct-2001.

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