DocketNumber: No. 54 26 99
Citation Numbers: 1995 Conn. Super. Ct. 7883
Judges: SATTER, STATE JUDGE REFEREE.
Filed Date: 7/25/1995
Status: Non-Precedential
Modified Date: 7/5/2016
2. Motion denied as to Third and Fourth Special Defenses to plaintiff's First and Second Counts. These Defenses allege plaintiff tortiously interfered with the contractual relationships of the defendant partnership, its current general managing partner, its general partner, and defendant's tenant and tortiously interfered in the affairs of the defendant, which prevented the defendant from meeting its obligations under the loan documents. Such defenses go to the enforcement of the loan documents and are properly pleadable in a forclosure [foreclosure] action.
3. Motion granted as to Fifth Special Defense to plaintiffs First and Second Counts. This Defense alleges that plaintiff waived defendants default by failing to enforce the guarantee of Anthony Cutaia. Since the obligation, and even the right, CT Page 7884 to enforce a guarantee cannot arise until after the debtor has defaulted, plaintiff's failure to act against the guarantor cannot, as a matter of law, constitute a waiver of defendant's default.
4. Motion denied as to First Count of defendant's Counterclaim. Motion to strike cannot be based on the statute of limitations, except in two limited situations not here present. Forbes v. Ballaro,
R. Satter, S.J.R.