DocketNumber: No. CV 9603888220S
Citation Numbers: 1997 Conn. Super. Ct. 3688, 19 Conn. L. Rptr. 393
Judges: DeMAYO, JUDGE TRIAL REFEREE.
Filed Date: 4/9/1997
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiff admits the memorandum was not filed simultaneously with the motion, but four days prior to the scheduled hearing.
The purpose of Section 204 is to grant the opposing party notice of the motion and the legal basis for it. The defendant does not claim that notice was inadequate or that it needed time to prepare for argument. Rather, its memorandum in opposition was presented to the court at the hearing.
The defendant cites two cases in support of its position:Executive Rental Leasing, Inc. v. Gershuny Agency, Inc.,
The practice book requirement for simultaneous filing and serving need not be so administered as to create unnecessary filings and unreasonable and illogical results. The court denies the defendant's first claimed defense.
The defendant also complains that the notice to cure was served by only one of the plaintiffs and both are named mortgagees. The court notes that the notice by the plaintiff James Rinere opens with "We have discovered . . ." and goes on to reference "the security of our mortgage(s)." (Emphasis added.)
The defendant cites no detrimental impact on him because of these immaterial and minor deviations from the specific language of the instruments.
CONCLUSION
It is the conclusion of the court that the defendant's claims are without merit. There is no real issue to try and the defendant has presented no evidence of a disputed issue.
The motion for summary judgment is granted.
DeMAYO, J.T.R.