DocketNumber: No. CV91-055578
Citation Numbers: 1994 Conn. Super. Ct. 2472
Judges: PICKETT, J.
Filed Date: 3/9/1994
Status: Non-Precedential
Modified Date: 4/18/2021
The present motion at issue is the plaintiff's motion to strike portions of the defendant's counter claim filed on November 7, 1993. Specifically, the plaintiff moves to strike Count IV of the defendant's counterclaim based upon vexatious litigation and to strike the claim for legal fees, lost time from work, and treble damages set forth in the defendant's prayer for relief. CT Page 2473
"Whenever any party wishes to contest . . . the legal sufficiency of the allegations of any complaint, counterclaim or cross claim, or any one or more counts thereof, to state a claim upon which relief can be granted, or . . . the legal sufficiency of any prayer for relief. . . , that party may do so by filing a motion to strike the contested pleading or part thereof." Practice Book 152. In reviewing a motion to strike, the court admits all facts well pleaded; Mingachos v. CBS, Inc.,
Count IV of the defendant's counterclaim allegedly sets forth a claim for vexatious litigation. It is clear that such a cause of action requires a termination of the underlying suit. DeLaurentis v. City of New Haven,
The motion to strike a prayer for relief should be granted if the relief demanded does not correspond to the allegations of the complaint. Van Epps v. Redfield,
The defendant's counterclaim fails to allege any statutory or contractual basis for the recovery of treble damages, attorney fees, or the expenses of litigation. CT Page 2474 Therefore, the plaintiff's motion to strike the defendant's prayer for relief is granted.
PICKETT, J.