DocketNumber: No. 30 42 96
Citation Numbers: 1995 Conn. Super. Ct. 13489
Judges: RIEFBERG, JUDGE. CT Page 13490
Filed Date: 12/7/1995
Status: Non-Precedential
Modified Date: 7/5/2016
In its motion to open, Kimchuk requests the court to reconsider its factual findings concerning the amount of damages awarded to Kimchuk. The court's ruling on a motion to open is within the sound discretion of the court and its decision thereon will not be overturned absent a clear abuse of discretion. Yanowv. Teal Industries, Inc.,
A motion to open is an inappropriate mechanism to retry a case on issues and claims previously litigated. See S.N.E.T. v.Public Utilities Commission,
Since Kimchuk's motion is targeted at the court's exercise of its discretion and requests a reexamination of the facts, the motion is denied. Further, Kimchuk's motion to reargue is also denied as it was untimely filed. See Practice Book § 204B(a) (motion to reargue must be filed within 20 days of the court's rendition of its decision).
Morton I. Riefberg Judge of the Superior Court CT Page 13491