DocketNumber: No. 532724
Citation Numbers: 1996 Conn. Super. Ct. 5261-EEEEEE
Judges: WALSH, J.
Filed Date: 8/1/1996
Status: Non-Precedential
Modified Date: 4/17/2021
The court shall render summary judgment "forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. . . ."Home Insurance Co. v. Aetna Life Casualty Co.,
The plaintiff avers in his affidavit in opposition to summary judgment that, at a hearing unrelated to the sale of the property, the Probate Court judge stated that the two months within which the administratrix was authorized to accept offers to purchase the property was to run from the date of the probate court's original order, June 1, 1994. (Plaintiff's Brief, Affidavit of Peter Utz, ¶¶ 3-4). The defendant has presented no evidence to support a contrary conclusion. The plaintiff further avers that he submitted his offer of $55,000 on or about July 15, 1994, but that, in violation of its own order, the court accepted the offer of $55,500 made by Awezec on August 14, 1994, fourteen days beyond the established two month period. (Affidavit of Peter Utz, ¶¶ 5, 7).
A review by this court of the copies of the June 1, 1994, decree ordering the property to be placed on the market and the certified copy of the September 8, 1994, decree approving the sale the court is not able to determine whether the probate court intended its order to run two months from June 1, 1994 or two months from the date on which the administratrix entered into a listing agreement.
The plaintiff's averment and affidavit to the effect that the Probate Court violated its own order is sufficient to create a material issue of fact. Home Insurance Co. v. Aetna Life Casualty Co., supra,
The defendant's motion for summary judgment is denied.
Walsh, John F., J.