DocketNumber: No. CV91 009 87 22
Citation Numbers: 1992 Conn. Super. Ct. 460
Judges: PURTILL, J.
Filed Date: 1/17/1992
Status: Non-Precedential
Modified Date: 4/17/2021
The special defense alleges that plaintiff's mortgage failed to provide defendant Watson "reasonable notice of the nature and amount of the obligation secured by plaintiff's mortgage."
Plaintiff has attached to his motion a copy of the note in question and invited the court to review it. In support of the motion, plaintiff claims that the note complies with the law as set forth in General Statutes Section
The motion to strike is the proper pleading to use to test the legal sufficiency of the allegations of a complaint. The rules governing the motion to strike are set forth in Conn. Practice Bk. Sections 152-155. The motion admits all well pleaded facts and the allegations of the complaint are construed CT Page 461 in a manner most favorable to the pleader. Mingachos v. C.B.S., Inc.,
The annexation of documents to a motion to strike as evidence, or exhibits, raises a question as to whether the motion is a "speaking motion to strike" which is improper. Connecticut State Oil Co. v. Carbone,
Accordingly, the motion is denied.
PURTILL, J.