Chase Mortgage Company v. Infurchia, No. Cv99 036 48 21s (Apr. 24, 2000)

Connecticut Superior Court

Chase Mortgage Company v. Infurchia, No. Cv99 036 48 21s (Apr. 24, 2000)

2000 Conn. Super. Ct. 4639

Connecticut Superior Court·Decided April 24, 2000·No. No. CV99 036 48 21S·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

RULING ON MOTION TO STRIKE SPECIAL DEFENSES AND COUNTERCLAIM (#115)

1. First Special Defense. Granted. The allegations are conclusory and contain no issuable facts to support them. The defense is therefore legally insufficient. Cavallo v. Derby Savings Bank, 188 Conn. 281, 285 (1982).

2. Second Special Defense and Counterclaim. Granted. Under Dubinsky v. Citicorp Mortgage, Inc., 48 Conn. App. 52 (1998) a lender is under no statutory or common law duty to perform an accurate appraisal for its borrower's use. In addition, the allegations taken as a whole fail to satisfy the multipronged elements of the torts of intentional misrepresentation, Paiva v. Vanech Heights Construction Co., 159 Conn. 512, 515 (1970) or fraud. Weisman, Trustee v. Kasper, 233 Conn. 531, 539 (1995).

BY THE COURT,

Mottolese, Judge CT Page 4640

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

RULING ON MOTION TO STRIKE SPECIAL DEFENSES AND COUNTERCLAIM (#115)

1. First Special Defense. Granted. The allegations are conclusory and contain no issuable facts to support them. The defense is therefore legally insufficient. Cavallo v. Derby Savings Bank, 188 Conn. 281, 285 (1982).

2. Second Special Defense and Counterclaim. Granted. Under Dubinsky v. Citicorp Mortgage, Inc., 48 Conn. App. 52 (1998) a lender is under no statutory or common law duty to perform an accurate appraisal for its borrower's use. In addition, the allegations taken as a whole fail to satisfy the multipronged elements of the torts of intentional misrepresentation, Paiva v. Vanech Heights Construction Co., 159 Conn. 512, 515 (1970) or fraud. Weisman, Trustee v. Kasper, 233 Conn. 531, 539 (1995).

BY THE COURT,

Mottolese, Judge CT Page 4640

Chase Mortgage Company v. Infurchia, No. Cv99 036 48 21s (Apr. 24, 2000), 2000 Conn. Super. Ct. 4639 (Colo. Ct. App. 2000).

Pincite

2000 Conn. Super. Ct. 4639 (Chase Mortgage Company v. Infurchia, No. Cv99 036 48 21s (Apr. 24, 2000)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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