Billy Hunt v. Joseph Mirsky (2010)

MEMORANDUM OF DECISION REGARDING DEFENDANT'S FEBRUARY 24, 2009 MOTION FOR SUMMARY JUDGMENT, DOCKET # 123

The defendant's February 24, 2009 Motion for Summary Judgment is denied without prejudice to renewal at a future date when the pleadings are closed.

The defendant filed an Answer and Special Defenses on February 19, 2009.   The defendant then filed the instant motion for summary judgment five days later.

The plaintiff has never filed a Reply to the Special Defenses.

Summary judgment is appropriate when the pleadings are closed and when there are no genuine issues of material fact.  Orticelli v. Powers, 197 Conn. 9, 15 (1985);  Mingachos v. CBS, Inc., 196 Conn. 91, 108-09, 111 (1985);  Connecticut Practice Book Section 17-44, et seq.

The pleadings are not closed as of this date.   The instant motion is premature.

ZEMETIS, J.

Zemetis, Terence A., J.