[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
MEMORANDUM OF DECISION ON DEFENDANTS' MOTION TO DISMISS (NO. 101)
The parties at oral argument agreed to treat this motion to dismiss as a motion to strike. The plaintiffs seek a new trial from a judgment entered into by the parties based upon a stipulation on the grounds that the defendants failed to abide by the terms of the stipulated judgment and this constituted a failure of consideration.1 They claim they fall within the CT Page 674 provisions of General Statutes 52-270 and more specifically those provisions which provide for a new trial "for other reasonable cause." They cite no case authority to support their claim.
This phrase has been construed to mean "every other cause for which a court of equity could grant a new trial, which includes at least the large field of mistake, accident and fraud." Gonirenki v. American Steel Wire Company, 106Conn.1, 5 (1927). It would, however, not include the mere failure to abide by the terms of the stipulated judgment on which the plaintiffs, as they must concede, could have enforced through appropriate channels. "[T]he facts must show that `substantial justice' was not or may not have been done." E. L. Stephenson, Connecticut Civil Procedure 210 (2d ed.) The motion to strike the complaint is granted.