Sattler Contracting v. Kritikos, No. Cv95 0149186 S (May 28, 1997)

Connecticut Superior Court

Sattler Contracting v. Kritikos, No. Cv95 0149186 S (May 28, 1997)

1997 Conn. Super. Ct. 6113

CourtConnecticut Superior Court

DecidedMay 28, 1997

DocketNo. CV95 0149186 S

StatusUnpublished

This text of 1997 Conn. Super. Ct. 6113 (Sattler Contracting v. Kritikos, No. Cv95 0149186 S (May 28, 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.

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Sattler Contracting v. Kritikos, No. Cv95 0149186 S (May 28, 1997), 1997 Conn. Super. Ct. 6113 (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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION RE: MOTION TO DISMISS (#107) Pursuant to Practice Book § 160, if a defendant intends to controvert the capacity of a corporate plaintiff to maintain a suit, the proper procedural vehicle to raise that issue is by way of a special defense in his answer. United States Trust Co. ofNew York v. DiGhello, 179 Conn. 246, 249, 425 A.2d 1287 (1979). "It is thus clear that an attack on the corporate capacity of a plaintiff to sue must be raised by way of special defense." CT Page 6114 (Emphasis added.) Id. Accordingly, defendant Kritikos's motion to dismiss (#107), on the ground that the plaintiff lacks capacity to sue pursuant to General Statutes § 33-412 (now §33-921), is denied.

RYAN, 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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION RE: MOTION TO DISMISS (#107) Pursuant to Practice Book § 160, if a defendant intends to controvert the capacity of a corporate plaintiff to maintain a suit, the proper procedural vehicle to raise that issue is by way of a special defense in his answer. United States Trust Co. ofNew York v. DiGhello, 179 Conn. 246, 249, 425 A.2d 1287 (1979). "It is thus clear that an attack on the corporate capacity of a plaintiff to sue must be raised by way of special defense." CT Page 6114 (Emphasis added.) Id. Accordingly, defendant Kritikos's motion to dismiss (#107), on the ground that the plaintiff lacks capacity to sue pursuant to General Statutes § 33-412 (now §33-921), is denied.

RYAN, J.

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1997 Conn. Super. Ct. 6113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sattler-contracting-v-kritikos-no-cv95-0149186-s-may-28-1997-connsuperct-1997.

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