DocketNumber: No. CV95-147738
Citation Numbers: 1996 Conn. Super. Ct. 10072
Judges: LEWIS, JUDGE.
Filed Date: 11/21/1996
Status: Non-Precedential
Modified Date: 4/18/2021
The plaintiff has filed a motion for summary judgment (#111) on the ground that there are no genuine issues of material fact and that Atlantic Bank is entitled to judgment as a matter of law. In support of this motion, the plaintiff submitted an affidavit by Charles J. Margiotti, III, vice president of Atlantic Bank, a copy of the April 19, 1993 promissory note, and a copy of the March 8, 1995 "Demand Letter." The defendant has not submitted any opposition to the plaintiff's motion.
"Summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. . . . In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . . Although the party seeking summary judgment has the CT Page 10073 burden of showing the nonexistence of any material fact . . . a party opposing summary judgment must substantiate its adverse claim by showing that there is a genuine issue of material fact together with the evidence disclosing the existence of such an issue." (Citation omitted; internal quotation marks omitted.)Home Ins. Co. v. Aetna Life Casualty Co.,
If the validity of signatures is admitted or established, General Statutes §
Although the defendant has raised two special defenses (lack of consideration and fraud), the note provides that "[e]ach party, in any litigation in which the Bank, or the holder hereof, shall be an adverse party, hereby waives . . . the right to interpose any defense, set-off or counterclaim whatsoever . . . ." "It is clear that the defendant could argue the validity of the waiver, i.e., whether the contract was one of adhesion or whether the waiver is unconscionable." CountryLumber, Inc. v. Sarris, Superior Court, Judicial District of New Haven at New Haven, Docket No. 308846 (April 4, 1991, Schaller, J.,
The plaintiff has met its burden of establishing that there are no genuine issues of material fact as to the defendant's liability on the note.1 "[A] party opposing summary judgment must substantiate its adverse claim by showing that there is a genuine issue of material fact together with the evidence disclosing the existence of such an issue." (Internal quotation CT Page 10074 marks omitted.) Home Ins. Co. v. Aetna Life Casualty Co., supra,
So Ordered.
Dated at Stamford, Connecticut, this 21st day of November, 1996.
WILLIAM BURKE LEWIS, JUDGE