DocketNumber: No. 096828
Citation Numbers: 1992 Conn. Super. Ct. 4739
Judges: PURTILL, J. CT Page 4740
Filed Date: 5/27/1992
Status: Non-Precedential
Modified Date: 4/17/2021
Defendants have moved to strike counts seven and ten. The motion is predicated on the claim that the allegations are insufficient in law because the counts allege a single and isolated instance of unfair practice that arises out of private controversy.
As a general rule, the court in its consideration, is limited to the grounds set forth in the motion to strike. Meredith v. Police Commissioner,
For reasons hereinafter stated the motion to strike is denied.
A motion to strike is the proper vehicle for attacking the legal sufficiency of a pleading. See, Mingachos v. CBS, Inc.,
There appears to be a division of authority as to whether a litigant is required to allege more than a single transaction in order to bring a claim under CUTPA. A review of the authorities cited indicates that those decisions which hold that single act is sufficient for liability under CUTPA CT Page 4741 are based upon solid legal grounds and are in accordance with the intent of the statute.
It therefore, must be, concluded that the, claim that counts seven and ten are defective because a single incident of unfair practice must fail.
On the second issue defendant has correctly asserted that before plaintiff can recover for an unfair injury under CUTPA, he must allege and prove a substantial injury. Web Press Services Corporation v. New London Motors, Inc.,
Although the sum of $3,000.00 is mentioned in the complaint as previously expended by the plaintiff, there are allegations concerning future expenditures and the statement of the amount, in demand indicates, a claim in excess of fifteen thousand dollars.
It must then be found that plaintiff has alleged a substantial injury.
Accordingly, the to strike is denied.
PURTILL, J.