DocketNumber: No. CV92 0040934 S
Citation Numbers: 1996 Conn. Super. Ct. 5149-PP
Judges: RIPLEY, J.
Filed Date: 7/26/1996
Status: Non-Precedential
Modified Date: 4/18/2021
"When a matter has been ruled upon interlocutorily, the court in a subsequent proceeding in the case may treat that decision as the law of the case, if it is of the opinion that it was correctly decided, in the absence of some new or overriding circumstance." Miller v. Kirshner,
Accordingly, the first special defense is ordered stricken.
Third Special Defense:
The third special defense is ordered stricken for the same CT Page 5149-QQ reasons that the first special defense was ordered stricken. Namely, the "hold harmless" clause in the lease does not govern the business referral contract.
Fourth Special Defense:
The fourth special defense is also ordered stricken as the defense of accord and satisfaction is inconsistent with what the defendant has pled. "When there is a good faith dispute about the existence of a debt or about the amount that is owed, the common law authorizes the debtor and creditor to negotiate a contract of accord to settle the outstanding claim." (Emphasis added.)Country Fire Door Corporation v. C.F. Wooding Co.,
As is, the fourth special is legally insufficient and is ordered stricken.1
RIPLEY, J.