DocketNumber: No. CV89 25 96 04 S
Citation Numbers: 1995 Conn. Super. Ct. 12326
Judges: McKEEVER, JUDGE.
Filed Date: 10/27/1995
Status: Non-Precedential
Modified Date: 4/17/2021
On October 25, 1993, Bradley filed a motion to reargue the court's ruling with respect to the plaintiff's breach of contract claim. In support of the motion, Bradley argues that if an agreement existed between the parties, it was an express oral agreement that is time-barred by the three year statute of limitations contained in §
In the second count of the complaint, the plaintiff alleges that Bradley agreed to provide diagnostic services to the plaintiff's decedent and that Bradley breached the parties' agreement. The plaintiff does not allege that the agreement was express or implied, nor does she allege whether it was oral or written. When Bradley moved for summary judgment, he did not submit any evidence or testimony in support of his motion which would have allowed the court to determine whether the contract at issue was express or implied, or oral or written. The court also notes that the plaintiff, in opposing the motion, did not submit any evidence or testimony with respect to these issues.
In the absence of such evidence, it would have been improper for the court to rule as a matter of law that §
The court notes that Bradley, in making his motion to reargue, does not represent that he could submit evidence or testimony which would be dispositive with respect to the statute of limitations issue. Furthermore, to the extent that he could produce such evidence, he should consider filing a renewed motion for summary judgment, or raising the statute of limitations defense at the time of trial. Accordingly, the motion to reargue is denied.
McKEEVER, JUDGE CT Page 12328