Mastroni Excavating v. Sydelle, No. Cv96 0150675 S (Sep. 12, 1997) , 1997 Conn. Super. Ct. 9100 ( 1997 )

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION RE: MOTION FOR SUMMARY JUDGMENT (#103) Summary judgment is granted only where there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Practice Book § 384; Suarez v.Dickmont Plastics Corp., 229 Conn. 99, 105, 639 A.2d 507 (1994);Telesco v. Telesco, 187 Conn. 715, 447 A.2d 752 (1982). In the present case, there are several genuine issues as to material facts. These facts include: whether certain early payments were made (pursuant to General Statutes § 49-36), and/or whether these payments were made in good faith. The motion for summary judgment is denied.

HICKEY, J.