DocketNumber: No. CV21-7703
Citation Numbers: 1996 Conn. Super. Ct. 4069-GGG
Judges: SOLOMON, J.
Filed Date: 5/3/1996
Status: Non-Precedential
Modified Date: 4/18/2021
A motion to strike challenges the legal sufficiency of a pleading. Mingachos v. C.B.S., Inc.,
The defendant claims that the first count of the complaint is defective because allegation of defendant's refusal to enter into a lease (paragraph 4 of the first count) presents no cognizable ground for relief under the summary process statutory framework. Defendant, however, fails to make reference to the remaining CT Page 4069-HHH allegations of paragraph 4 alleging the nonexistence of a lease agreement and the absence of any right to occupy the premises. The first count, when read in its entirety, states a claim under generals statutes §
The defendant further claims that the second count of the complaint, alleging a right to relief because "the lease has expired by lapse of time, is deficient and also must be stricken. Specifically, defendant claims that, in failing to set forth the relevant terms of the lease, plaintiff has failed to allege the existence of a lease. Implicit in the allegation that "the lease has expired by lapse of time," however, is the further allegation of the existence of a lease. In ruling on a motion to strike based on a failure to state a cause of action, a court must take the facts alleged favorably to the pleader and view those facts in a broad fashion, not strictly limited to the allegations, but also including the facts necessarily implied by and fairly provable under them. Schmidt v. Yardney Electric Corporation,
CT Page 4070
Finally, the defendant contends that the complaint in its entirety is defective because the summary process statutes do not apply to commercial tenancies. This contention fails for a number of reasons. First, the complaint (which must be construed most favorably to the plaintiff) nowhere alleges that the premises are used for commercial purposes. Use of the premises for "related family purposes" does not necessarily equate to a commercial use. Second, and more significantly, it is beyond peradventure that the summary process statutes apply to commercial tenancies in any event. Legions of reported and unreported cases involve the application of the summary process statutes to commercial tenancies. Indeed, the statutes themselves expressly refer to commercial properties. See General Statutes §§
Defendant's motion to strike is denied.
Solomon, J.