Heller v. Conlon, No. Cv94 0136818 S (May 30, 1997)

Connecticut Superior Court

Heller v. Conlon, No. Cv94 0136818 S (May 30, 1997)

1997 Conn. Super. Ct. 5133

CourtConnecticut Superior Court

DecidedMay 30, 1997

DocketNo. CV94 0136818 S

StatusUnpublished

Cited by1 cases

This text of 1997 Conn. Super. Ct. 5133 (Heller v. Conlon, No. Cv94 0136818 S (May 30, 1997)) 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.

Bluebook

Heller v. Conlon, No. Cv94 0136818 S (May 30, 1997), 1997 Conn. Super. Ct. 5133 (Colo. Ct. App. 1997).

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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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION RE: MOTION TO DISMISS (#119) The defendant's motion to dismiss (#119) for lack of subject matter jurisdiction is denied. General Statutes § 52-599 "gives the plaintiff an absolute right to have the representative of a deceased defendant cited in within one year after the defendant's death. . . ." (Internal quotation marks omitted; emphasis added.)Worden v. Francis, 170 Conn. 186, 188, 365 A.2d 1205 (1976). Well within one year of defendant Leonard Conlon's death, the plaintiff filed a motion pursuant to General Statutes § 52-599 and Practice Book § 99 to cite in Jacquelyn Conlon, the executrix of the estate of Leonard Conlon, as a party defendant in this action. That motion was granted by the court, Karazin, J., on June 10, 1996. Therefore, the plaintiff's action survives decedent Conlon's death, and the court has subject matter jurisdiction in the present case.

D'ANDREA, 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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION RE: MOTION TO DISMISS (#119) The defendant's motion to dismiss (#119) for lack of subject matter jurisdiction is denied. General Statutes § 52-599 "gives the plaintiff an absolute right to have the representative of a deceased defendant cited in within one year after the defendant's death. . . ." (Internal quotation marks omitted; emphasis added.)Worden v. Francis, 170 Conn. 186, 188, 365 A.2d 1205 (1976). Well within one year of defendant Leonard Conlon's death, the plaintiff filed a motion pursuant to General Statutes § 52-599 and Practice Book § 99 to cite in Jacquelyn Conlon, the executrix of the estate of Leonard Conlon, as a party defendant in this action. That motion was granted by the court, Karazin, J., on June 10, 1996. Therefore, the plaintiff's action survives decedent Conlon's death, and the court has subject matter jurisdiction in the present case.

D'ANDREA, J.

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Bluebook (online)

1997 Conn. Super. Ct. 5133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heller-v-conlon-no-cv94-0136818-s-may-30-1997-connsuperct-1997.

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