DocketNumber: No. CV 94 0140790
Citation Numbers: 1995 Conn. Super. Ct. 12166
Judges: LEWIS, JUDGE.
Filed Date: 10/31/1995
Status: Non-Precedential
Modified Date: 4/18/2021
A default entered on December 7, 1994 against this defendant for his failure to plead. The certification by the plaintiffs of the mailing of the motion for default (#104) indicates that a copy of said motion was sent to 14 Ferris Avenue, #10, Norwalk, which is the same address contained in this defendant's notice of pro se appearance. The clerk's office certified that on November CT Page 12167 11, 1994, notice of the entry of said default was sent to the defendant. Also, on April 17, 1995, the plaintiffs certified that they sent a copy of the claim for a hearing in damages to "pro se parties of record."
Both General Statutes §
The court finds that this defendant has not met this two-pronged test. The affidavit in support of the motion to set aside the judgment states that he was aware "of the proceedings instituted by the plaintiff," but asserts that he has a good defense in that he did not damage or reside in the premises that are the subject of this action, as claimed by the plaintiffs.
It is clear that "not all deviations from ideal performance constitute negligence, and that a limited class of deviations may be excusable because they were the result of mistake, accident or other reasonable cause." (Internal quotation marks omitted.)Jaconski v. AMF, Inc., supra,
So Ordered.
Dated at Stamford, Connecticut, this 31st day of October, 1995.
William B. Lewis, Judge CT Page 12168