DocketNumber: No. CV97 0162467
Citation Numbers: 1998 Conn. Super. Ct. 5013
Judges: LEWIS, JUDGE.
Filed Date: 4/23/1998
Status: Non-Precedential
Modified Date: 4/17/2021
The court is unable to reach the merits of this argument. "In deciding upon a motion to strike . . . a trial court must take the facts to be those alleged in the [pleading] and cannot be aided by the assumption of any facts not therein alleged." (Citation omitted; internal quotation marks omitted.) LiljedahlBros., Inc. v. Grisby,
In the present case, the plaintiff does not allege that there was no second count in the prior lawsuit. The court cannot impart facts outside of the pleadings. The motion to strike the second count of the complaint, therefore, is denied. CT Page 5014
So Ordered.
Dated at Stamford, Connecticut, this 23rd day of April, 1998.
WILLIAM BURKE LEWIS, JUDGE