New Haven Savings Bank v. Gurland
This text of 489 A.2d 1070 (New Haven Savings Bank v. Gurland) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this action for foreclosure of a mortgage, the named defendant has appealed from the trial court’s denial of his third motion to “reopen judgment and extend law day.” “A motion to open a judgment of strict foreclosure is addressed to the discretion of the trial court; see General Statutes § 49-15; and ‘ “unless that discretion was abused or was based upon [509]*509some error in law, the denial of the motion must stand.” Carrington v. Muhlfeld, 122 Conn. 334, 337, 189 A.2d 184 [1937].’ Sebastiano v. Corde, 171 Conn. 324, 325-26, 370 A.2d 946 (1976).” Melillo v. Spiro, 187 Conn. 333, 334, 445 A.2d 921 (1982). The named defendant has failed to show that the trial court abused its discretion or that its exercise of discretion was based on an error in law.
There is no error; the case, however, is remanded with direction to render judgment as on file except for such modification as is made necessary by the lapse of time since the original judgment.
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Cite This Page — Counsel Stack
489 A.2d 1070, 3 Conn. App. 508, 1985 Conn. App. LEXIS 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-haven-savings-bank-v-gurland-connappct-1985.