DocketNumber: No. CV95 0147652 S
Citation Numbers: 1996 Conn. Super. Ct. 7504
Judges: KARAZIN, J.
Filed Date: 12/3/1996
Status: Non-Precedential
Modified Date: 4/18/2021
"[A] motion to dismiss is customarily used to challenge the entire action, not just some of the counts in it." BarclayAssociates, Ltd. v. Danbury, Superior Court, Judicial District of Danbury at Danbury, Docket No. 299108 (February 26, 1993, Fuller, J.) ("The plaintiff has stated a cause of action for unjust enrichment in the third count which is not governed by the finality doctrine, so the entire complaint cannot be dismissed."). The defendants in the present case have not challenged the remainder of the plaintiffs' appeal, so the entire appeal cannot be dismissed. Therefore, the defendants motions to dismiss is an inappropriate vehicle for attacking the plaintiffs' taking claim and that the issue of "finality" is "more appropriately decided by the court which is ultimately assigned to hear the merits of the case."Fraenza v. Keeney, Superior Court, Judicial District of Hartford-New Britain at Hartford, Docket No. 516748 (March 9, 1993, Dunn, J.,
Accordingly, defendants' motions to dismiss are denied.
KARAZIN, J.