DocketNumber: No. CV 93 0343701
Judges: GRAY, JUDGE
Filed Date: 2/8/1994
Status: Non-Precedential
Modified Date: 7/5/2016
The defendant filed its answer to the complaint and its special defense that each of the three plaintiffs failed to comply with the 180 day limitation for providing notice as set forth in section
Thereafter, the plaintiffs and the defendant filed, respectively, motions for summary judgment. The plaintiffs' claims for summary judgment are opposed by the defendant. INA's motion for summary judgment is opposed by the plaintiffs. Each motion, as opposed, makes it clear why the motion is inappropriate to resolve the issues raised by the parties.
Section 384 of the Practice Book provides that summary judgment "shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue CT Page 1296 of material fact and that the moving party is entitled to judgment as a matter of law." Gurliacci v. Mayer,
In deciding a motion for summary judgment, "the court's function is not to decide issues of material fact, but rather to determine whether any such issues exist." Nolan v. Borkowski,
Each of the parties' motions for summary judgment is hereby denied.
BY THE COURT
LEANDER C. GRAY, JUDGE