Stamm v. Metro North Commuter R.R., No. Cv89 0101860 S (May 28, 1991)

Connecticut Superior Court

Stamm v. Metro North Commuter R.R., No. Cv89 0101860 S (May 28, 1991)

1991 Conn. Super. Ct. 4603

CourtConnecticut Superior Court

DecidedMay 28, 1991

DocketNo. CV89 0101860 S

StatusUnpublished

This text of 1991 Conn. Super. Ct. 4603 (Stamm v. Metro North Commuter R.R., No. Cv89 0101860 S (May 28, 1991)) 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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Stamm v. Metro North Commuter R.R., No. Cv89 0101860 S (May 28, 1991), 1991 Conn. Super. Ct. 4603 (Colo. Ct. App. 1991).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION A review of the file to establish the threshold requirement of C.P.B. 379 that the pleadings be closed as to the parties to a motion for a summary judgment reveals that on August 16, 1990 the plaintiff filed a request for leave to amend the complaint and appended its proposed amendment. Since no objection was filed in fifteen days, the amended complaint is deemed to have been consented to by the defendant City of Stamford, C.P.B. 176(c). To date, the city had not filed its answer to this amended complaint and so on this state of the pleadings it would be improper for the court to grant a motion for summary judgment, regardless of its merit. Griggs v. B and G, Inc., 24 Conn. App. 610.

For the foregoing reason the motion is denied.

MOTTOLESE, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION A review of the file to establish the threshold requirement of C.P.B. 379 that the pleadings be closed as to the parties to a motion for a summary judgment reveals that on August 16, 1990 the plaintiff filed a request for leave to amend the complaint and appended its proposed amendment. Since no objection was filed in fifteen days, the amended complaint is deemed to have been consented to by the defendant City of Stamford, C.P.B. 176(c). To date, the city had not filed its answer to this amended complaint and so on this state of the pleadings it would be improper for the court to grant a motion for summary judgment, regardless of its merit. Griggs v. B and G, Inc., 24 Conn. App. 610.

For the foregoing reason the motion is denied.

MOTTOLESE, J.

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1991 Conn. Super. Ct. 4603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stamm-v-metro-north-commuter-rr-no-cv89-0101860-s-may-28-1991-connsuperct-1991.

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