Jodi Rothmann v. Stacy Beecher (2010)

RESCISSION AND ORDER

On June 24, 2010, the Court heard the parties in this case which had been assigned to the Hearing In Damages list.

The plaintiff sought to go forward on a New York judgment in her favor.   The defendant argued she could interpose special defenses despite having been defaulted.

After considerable argument and despite the plaintiff's citing of Seaboard Surety Company v. Lawrence N. Waterbury, 38 Conn.Sup. 468 (1982), the court ordered that within 45 days the defendant file an appropriate pleading supporting her position.

Subsequently, the court has had the opportunity to do additional research and concludes that its order was improvidently entered.   Rather, since the special defenses were directed to the merits of the underlying claim, they should have been raised in the foreign court action.

Additional pertinent citations include:  Rathkopf v. Pearson, 148 Conn. 260, 265 (1961);  Business Alliance Capital v. Fuselier, 2003 Ct.Super. 11277 (2003), CV01-0344405S.

The order of June 24 is hereby rescinded and the case will go forward on July 14, 2010 at 10 a.m. The courtroom assignment will be available at the Case Flow Office.   The default remains in effect.

Anthony V. DeMayo, J.T.R.

DeMayo, Anthony V., J.T.R.