DocketNumber: No. CV97 34 11 18 S
Citation Numbers: 1998 Conn. Super. Ct. 3776
Judges: MELVILLE, J.
Filed Date: 3/17/1998
Status: Non-Precedential
Modified Date: 4/17/2021
The statute of limitation ground as claimed by the defendant suffers from the same infirmities as do the two other grounds on which proceeds, to wit: despite the grounds alleged, there remains a material issue of fact. The statute of limitations would not arise until the plaintiff's claim ripened. The plaintiff's claim would not ripen until a reasonable time after plaintiff's request for payment, the condition subsequent, had CT Page 3777 occurred. What that time would be depends upon the intent of the parties and the circumstances of the case. As this court reasoned in its original memorandum of decision, the granting of a summary judgment under these circumstances is inappropriate.
Accordingly the court adheres to its ruling in its memorandum of decision dated February 5, 1998 for the same reasons expressed therein.
MELVILLE, J.