DocketNumber: No. CV95 0143492 S
Citation Numbers: 1995 Conn. Super. Ct. 7872
Judges: D'ANDREA, J.
Filed Date: 7/26/1995
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiff now has filed a motion for summary judgment to which the defendant has objected. CT Page 7873
Pursuant to Practice Book § 384 summary judgment shall be granted "`if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.'" Suarez v. Dickmont Plastics Corp.,
The plaintiff contends that summary judgment should be granted because no issue of genuine fact exists that would preclude it from enforcing the default judgment obtained in Pennsylvania. The plaintiff further argues that the special defenses raised by the defendant are insufficient in that they go to the underlying cause of action and do not attack the validity of the judgment.
In opposition, the defendant attests in his affidavit that he was never personally served in the Pennsylvania action, and therefore, the judgment was "rendered without proper jurisdiction" over him. The defendant further claims that he has defenses to the underlying action, such as the fact that his purchase of the limited partnership interest was "fraudulently completed," the underlying documents were altered, the interest rates in the underlying documents vary, and that he has pleaded other valid special defenses to the underlying claims.
"[T]he full faith and credit clause requires a state court to accord to the judgment of another state the same credit, validity and effect as the state that rendered the judgment would give it. . . . A party can . . . defend against the enforcement of a foreign judgment on the ground that the court that rendered the judgment lacked personal jurisdiction. . . ." Packer Plastics,Inc. v. Laundon,
Where a party seeks to enforce a judgment that was based upon CT Page 7874 a default in appearance, the party must proceed pursuant to General Statutes §
Issues regarding the jurisdiction of a foreign court are determined by the law of the foreign state. Smith v. Smith,
In his affidavit the defendant claims that the Pennsylvania court did not have jurisdiction over him because he was not "served personally." In Arthur Hertz' affidavit of service of the complaint in the Pennsylvania action he attests that "[o]n March 31, 1994 . . . I personally served a Complaint — Civil Action upon Michael Henry Judge at 34 Topfield Road, Wilton, CT 96897, the actual place of residence of Michael Henry Judge. I delivered a true copy of the Complaint — Civil Action to Maureen Judge who CT Page 7875 identified herself as his wife, and resides therein."
The Pennsylvania complaint was properly served. See 42 Pa. Cons. Stat. Ann. § 5323; Pa. R. Civ. Pro. Rules 402(a) and 404. The defendant's special defenses, as well as the other grounds given by the defendant for attacking the Pennsylvania judgment included in his affidavit, do not constitute permissible attacks on the judgment, therefore, are not considered by the court. See Key Bank of Alaska v. Benedict, supra; Datronic RentalCorp. v. D L Autobody Towing, Inc., supra. The plaintiff's motion for summary judgment is granted.
D'ANDREA, J.