DocketNumber: No. CV94 0049674S
Citation Numbers: 1996 Conn. Super. Ct. 3749, 16 Conn. L. Rptr. 491
Judges: SFERRAZZA, J.
Filed Date: 4/15/1996
Status: Non-Precedential
Modified Date: 7/5/2016
The incident from which this claim arises occurred on June 26, 1991. The original complaint in this action, filed on May 6, 1992, was dismissed pursuant to § 251 of the Connecticut Practice Book on June 25, 1993. The complaint in the action that is currently before this court was served on October 22, 1994.
The current complaint specifically alleges that it was instituted pursuant to C.G.S. §
If any action, commenced within the time limited by law, has failed one or more times to be tried on its merits . . . for any matter of form; or if, in any such action, a judgment of nonsuit has been rendered . . . the plaintiff . . . may commence a new action . . . for the same cause at any time within one year after the determination of the original action.
CT Page 3750
In the present case, the determination of the original action was on June 25, 1993, when a judgment of dismissal was rendered. The new action was not commenced until October 22, 1994. More than one year had elapsed since the dismissal judgment thereby falling outside the protection of §
The plaintiff claims that since a judgment of dismissal may be opened within four months succeeding the date on which it was rendered, pursuant to Practice Book § 326, the judgment does not become final until that four month period has passed. The plaintiff further claims that an action may be reinstituted within one year of the date that the four month period had lapsed. The court finds no legal basis for this claim. A dismissal under § 251 for failure to prosecute is a final judgment. Bridgeport Hydraulic Co. v. Pearson,
The court finds that no genuine issue of material fact exists in accordance with P.B. § 384 and defendants are entitled to judgment as a matter of law. Motion for summary judgment is granted. Plaintiffs objection is overruled.
SFERRAZZA, J.