McDonald v. Merchant, No. Cv91 0117971 S (Nov. 21, 1994)

Connecticut Superior Court

McDonald v. Merchant, No. Cv91 0117971 S (Nov. 21, 1994)

1994 Conn. Super. Ct. 11635

CourtConnecticut Superior Court

DecidedNovember 21, 1994

DocketNo. CV91 0117971 S

StatusUnpublished

This text of 1994 Conn. Super. Ct. 11635 (McDonald v. Merchant, No. Cv91 0117971 S (Nov. 21, 1994)) 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

McDonald v. Merchant, No. Cv91 0117971 S (Nov. 21, 1994), 1994 Conn. Super. Ct. 11635 (Colo. Ct. App. 1994).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION On the basis of Gargiulo v. Delsole, 769 F.2d 77 (1985), the court is persuaded that while the defendant may have the right to withdraw its claim to the jury, the defendant has the concomitant right to rely on the defendant's jury claim. Since the plaintiff objected to the withdrawal, the withdrawal does not become effective until approved by the court. Therefore, CT Page 11636 the plaintiff has 10 days from this date within which to file her own claim to the jury docket.

In view of this, there is no need to decide whether this case should be transferred to the Housing Session.

MOTTOLESE, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION On the basis of Gargiulo v. Delsole, 769 F.2d 77 (1985), the court is persuaded that while the defendant may have the right to withdraw its claim to the jury, the defendant has the concomitant right to rely on the defendant's jury claim. Since the plaintiff objected to the withdrawal, the withdrawal does not become effective until approved by the court. Therefore, CT Page 11636 the plaintiff has 10 days from this date within which to file her own claim to the jury docket.

In view of this, there is no need to decide whether this case should be transferred to the Housing Session.

MOTTOLESE, J.

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Bluebook (online)

1994 Conn. Super. Ct. 11635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-merchant-no-cv91-0117971-s-nov-21-1994-connsuperct-1994.

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