Distefano v. Aetna Life Casualty, No. 103276 (Jan. 12, 1993)

Connecticut Superior Court

Distefano v. Aetna Life Casualty, No. 103276 (Jan. 12, 1993)

1993 Conn. Super. Ct. 1068

CourtConnecticut Superior Court

DecidedJanuary 12, 1993

DocketNo. 103276

StatusUnpublished

This text of 1993 Conn. Super. Ct. 1068 (Distefano v. Aetna Life Casualty, No. 103276 (Jan. 12, 1993)) 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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Distefano v. Aetna Life Casualty, No. 103276 (Jan. 12, 1993), 1993 Conn. Super. Ct. 1068 (Colo. Ct. App. 1993).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION The court denies the plaintiff's motion for summary judgment as to the defendant's special defense, and grants said motion as to the liability issue only. This is specifically allowed by Practice Book 385. See Klawitter v. Cresla, 3 Conn. L. Rptr. 37 (1990); Hamill v. Smith, 25 Conn. Sup. 183 (1984).

A number of superior court decisions have found that a motion for summary judgment on a special defense is improper because Practice Book 379 makes no provision for it. See Rogers v. Daley Dev. Company Inc., 3 Conn. L. Rptr. 76 (Pickett, J., Dec. 12, 1990); H.R. Hillery Co. v. Crystal Mall Associates, 2 CSCR 324, (Feb. 11, 1987, Koletsky, J.).

Judgment may enter accordingly.

WILLIAM J. SULLIVAN, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION The court denies the plaintiff's motion for summary judgment as to the defendant's special defense, and grants said motion as to the liability issue only. This is specifically allowed by Practice Book 385. See Klawitter v. Cresla, 3 Conn. L. Rptr. 37 (1990); Hamill v. Smith, 25 Conn. Sup. 183 (1984).

A number of superior court decisions have found that a motion for summary judgment on a special defense is improper because Practice Book 379 makes no provision for it. See Rogers v. Daley Dev. Company Inc., 3 Conn. L. Rptr. 76 (Pickett, J., Dec. 12, 1990); H.R. Hillery Co. v. Crystal Mall Associates, 2 CSCR 324, (Feb. 11, 1987, Koletsky, J.).

Judgment may enter accordingly.

WILLIAM J. SULLIVAN, J.

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1993 Conn. Super. Ct. 1068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/distefano-v-aetna-life-casualty-no-103276-jan-12-1993-connsuperct-1993.

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