DocketNumber: No. 85560
Citation Numbers: 1996 Conn. Super. Ct. 2831
Judges: DiPENTIMA, JUDGE.
Filed Date: 4/8/1996
Status: Non-Precedential
Modified Date: 7/5/2016
As to the first ground, the parties agree that there is an action pending in the Hartford/New Britain Judicial District entitled Vasilious Papageorgiou v. Diamond Pizza Restaurant,Inc. And Michael T. Zerbini, Doc. No. CV 95 0470458. That action alleges the breach of a promissory note and seeks damages. This action is one seeking a judgment of possession. The prior pending doctrine provides that "when two separate lawsuits are `virtually alike' the second action is amenable to dismissal by the court."Conti v. Murphy,
As to the second ground of the motion, the defendants appear to be arguing that the plaintiff has no standing to bring the action. However, the complaint alleges:
7. The Plaintiff's rights to possession are superior to that of the Defendant's pursuant to the Collateral Assignment of Lease dated September 8, 1993 marked as exhibit A attached hereto.
See Duguay v. Hopkins,
For the above reasons, the Motion to Dismiss is denied.
Alexandra Davis DiPentima, Judge