DocketNumber: No. CV 93-0459466S
Citation Numbers: 1994 Conn. Super. Ct. 6203
Judges: LAVINE, JUDGE.
Filed Date: 6/28/1994
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiff argues that summary judgment should enter "because the pleadings, affidavits and other proof submitted show that there is no genuine issue of material fact", citing Town Bank Trust Co. v. Benson,
The plaintiff claims it is entitled to summary judgment because the defendant failed to object to or otherwise respond to the plaintiff's Request for Admissions within thirty days as required by Practice Book § 237. Therefore, the plaintiff argues these requests are deemed admitted, and that the defendant has thus conceded that it is liable under the payment bond.
The defendant claims that it did comply with Practice Book § 237 by responding to the plaintiff's requests twenty-eight days after these requests were made. The defendant has submitted the affidavit of its attorney, James Mercier, attesting to this. Because this court "must view the evidence in the light most favorable to the nonmoving party", Connell v.Colwell,
DOUGLAS S. LAVINE JUDGE, SUPERIOR COURT CT Page 6205