DocketNumber: No. CV90-0308104 S
Judges: GRAY, J.
Filed Date: 2/4/1994
Status: Non-Precedential
Modified Date: 4/17/2021
Virshup, Caplan Hect for defendants.
MEMORANDUM OF DECISION The plaintiff brought this action in contract against Frank and Perry Fanelli ("Fanelli") individually and Fanelli Construction Company ("Company"). The allegations of the ten count complaint claim that the defendants breached a contract to build an addition to the plaintiff's home, thereby causing him to suffer damages.
The fourth count of the complaint, directed solely against the individual defendants, and the ninth count, directed solely as to the Company, allege violations of General Statutes §
Although the court has not received a reply to the special defenses, ["The rules of practice in Connecticut require that all pleadings be closed before a party may move for summary judgment."Orticelli v. Powers,
It is clear that the Home Improvement Act in general and §
It has been stated that "the weight of the case law on this type of suit by a homeowner suggests that Conn. Gen. Stat. §
The defendants' motion for summary judgment on counts four and nine of the complaint is granted in that said counts fail to state a legally recognizable cause of action.
Gray, J.