DocketNumber: No. CV 91 0121227 S
Citation Numbers: 1992 Conn. Super. Ct. 2419
Judges: RUSH, J.
Filed Date: 3/16/1992
Status: Non-Precedential
Modified Date: 4/18/2021
The defendants Wilkins and Wilkins Management have filed a Motion to Dismiss the action claiming that the moving defendants are not subject to the jurisdiction of the State of Connecticut and that there was insufficient service of process.
The plaintiffs claim that jurisdiction exists by virtue of a letter written on Wilkins Management stationary to the plaintiffs in Connecticut in which Wilkins referred to prior telephone conversations; stated that "I am willing to pay you" at the stated rate; enclosed a check which was less than the amount owed; requested that the plaintiffs not go to the home of the defendant Connick and requested in all future dealings should be directed to Wilkins "as his manager and lawyer." CT Page 2420
The plaintiffs claim that the moving defendants have filed a general appearance and are therefore precluded from raising the issues stated in the Motion to Dismiss. Under our prior practice the filing of a general appearance could be deemed consent of the jurisdiction of the court and a waiver of all jurisdictional defects. See Johnson v. Zoning Board of Appeals,
The plaintiffs also claim that the defendants filed a Motion to Strike and a Motion to Dismiss and therefore the defendants have waived their right to assert the matters set forth in the Motion to Dismiss pursuant to Practice Book Sections 112 and 113. A review of the file establishes that a Motion to Dismiss and a Motion to Strike, both raising substantially the same issues, were filed simultaneously by the defendants together with a memorandum of law with respect to the Motion to Strike. The Court has discretion to overlook the simultaneous filing of a Motion to Dismiss and a Motion to Strike. Sabino v. Ruffolo,
Jurisdiction is claimed to exist by virtue of the provisions of General Statutes Section
The present action does not involve claims related to a warranty deed of Connecticut land such as existed in Zartolas v. Nisenfeld,
The fact that payment was made in Connecticut to a Connecticut resident does not constitute transaction of business within the state. Saving v. Ranier, 898 F. 2nd. Cir. 304 [
The Court rules that the letter written by the defendants to the plaintiffs does not constitute the transaction of business within the meaning of the General Statute
The Court notes that paragraph 7 of the complaint alleges that the defendant, Harry Connick, Jr., Anne Marie Wilkins and Wilkins Management acting separately or in concert, entered into a service agreement to be performed in Connecticut on property located in Connecticut. (emphasis supplied) The Court does not construe such allegations as alleging that the service agreement was made by the moving defendants to be performed in Connecticut. Defendants have also not raised such an issue in any of the documents filed with the Court.
Accordingly, the Motion to Dismiss is hereby granted unless, within two weeks of the date of the issuance of notice hereof, the plaintiffs move to amend the complaint so as to allege that the service agreement was made by either of the moving defendants.
RUSH, JUDGE