Beneficial Connecticut, Inc. v. Ben Chartchay (2009)

ORDER RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (# 102)

The plaintiff moves for summary judgment on the grounds that there are no genuine issues of material fact and the plaintiff is entitled to judgment as a matter of law.   Specifically, the plaintiff argues that in his answer, the defendant admits to holding the account at issue and agrees to be bound by the terms.  “The judgment sought shall be rendered forthwith 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.”  Practice Book § 17-49.   Here, a genuine issue of material fact exists concerning both the actual amount owed by the defendant, and whether defendant has in fact refused to make payments on the loan.   Accordingly, the court denies the plaintiff's motion for summary judgment.

So ordered.

BY THE COURT

Marano, J.

Marano, Richard M., J.