[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
ORDER
The defendant, Craig Berry, has filed a motion to dismiss the plaintiff, Package Masters' complaint on the ground that the corporate plaintiff lacks capacity to sue pursuant to General Statutes § 33-921(a). "Pursuant to Practice Book § 160, [now § 10-46,] if a defendant intends to controvert the capacity of a corporate plaintiff to maintain a suit, the proper procedural vehicle to raise that issue is by way of a special CT Page 3266 defense in his answer." (Internal quotation marks omitted.)Coolidge-Fairfield Equities v. Somma, Superior Court, judicial district of Stamford/Norwalk at Stamford, Docket No. 159269 (March 17, 1998, Hickey, J.); see United States Trust Co. of NewYork v. DiGhello,179 Conn. 246, 249, 425 A.2d 1287 (1979); see also Menley James Laboratories v. Mott's Super Markets, Inc.,26 Conn. Sup. 434, 434, 226 A.2d 400 (1966). Accordingly, the defendant's motion to dismiss the plaintiff's complaint is denied.