DocketNumber: No. CV97-83759
Citation Numbers: 1998 Conn. Super. Ct. 9076
Judges: GORDON, JUDGE.
Filed Date: 8/13/1998
Status: Non-Precedential
Modified Date: 4/17/2021
"While a counterclaim arises out of the same transaction described in the complaint, a set-off is independent thereof."Hope's Architectural Products, Inc. v. Fox Steel Co.,
The allegations of the second count of the counterclaim arise out of the same transaction as the plaintiff's complaint and are properly brought in a counterclaim. Nevertheless, where such allegations arise out of the same transaction, they are not properly characterized as a set-off and cannot be brought pursuant to General Statutes §
As to the Fifth Count of Defendant's Counterclaim:
The allegations of the fifth count, taken in their most favorable light, set forth a legally sufficient cause of action pursuant to the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes §
As to the Sixth Count of Defendant's Counterclaim:
There is no express authority permitting a private cause of action under the Connecticut Unfair Insurance Practices Act (CUTPA), General Statutes §
It is so ordered.
BY THE COURT:
ELAINE GORDON, JUDGE.