DocketNumber: No. 316691
Citation Numbers: 1995 Conn. Super. Ct. 912, 13 Conn. L. Rptr. 330
Judges: STODOLINK, J.
Filed Date: 1/13/1995
Status: Non-Precedential
Modified Date: 7/5/2016
The Markses argue that the court applied the incorrect standard of review in ruling on the motions. They suggest that a plenary de novo standard of review should have been applied by this court as opposed to the limited review conducted. The Markses also attempt to raise for the first time in their motion for reconsideration and reargument a factual issue concerning whether Anderson's and Raymond's bid on the property expired prior to its acceptance by the Probate Court.
The granting of a motion for reconsideration and reargument is within the sound discretion of the trial court. Heyman Associates v. Insurance Company ofPennsylvania, Superior Court, JD of Hartford/New Britain at Hartford, DN 397087, 9 CONN. L. RPTR. 121 (May 20, 1993) (Dunn, J.), citing, Lapuk v. Blount,
2 Conn. Cir.Ct. 271, 283, 198 A.2d 233 (App.Div.), cert. denied,
The Markses' contention that the Probate Court's ordering of the sale of the Estate's real property pursuant to General Statutes Sec.
This court did not commit an oversight or error of law in applying the deferential standard of review in ruling on the original motions for summary judgment. Therefore, reconsideration of the prior ruling is inappropriate.
The Markses also raise for the first time in their motion for reconsideration and reargument the issue of the expiration of Anderson's and Raymond's offer to purchase the property. Since the expiration argument was not raised in the original motion for summary judgment, the court deems it waived. See Heyman Associatesv. Insurance Company of Pennsylvania, supra. (In ruling on a motion for reconsideration and reargument the court held that "by failing to raise the legal issues . . . which existed at the time that the plaintiff filed its motion for summary judgment, the plaintiff has waived these issues for consideration by the court.")
Furthermore, the Markses' failure to raise the issue in a timely fashion precludes the court from granting the motion for reconsideration as there has been no "oversight" by the court of a material issue of fact since the issue was never presented to the court in the first instance. Braunstein Todisco v. Bossom, supra, 642. CT Page 915
Based on the foregoing, the court denies the Markses' motion for reargument and reconsideration.