Edward Gwozdz v. BCG LLC (2010)

ORDER RE MOTION FOR SUMMARY JUDGMENT # 233 (ROBERT HAYES d/b/a HAYES BACKHOE SERVICES)

On August 20, 2010, Robert Hayes d/b/a Hayes Backhoe Services (Hayes) moved for summary judgment on the eleventh and twelfth counts of the fourth amended revised complaint.   On September 16, 2010, the plaintiff, Edward Gwozdz, filed an objection to the motion for summary judgment.

Attached to Hayes' motion for summary judgment is the affidavit of Robert Hayes, dated August 18, 2010.   The affidavit is not notarized.  “Practice Book § [17-45] ․ contemplates that supporting documents to a motion for summary judgment be made under oath or be otherwise reliable ․ [The] rules would be meaningless if they could be circumvented by filing [unauthenticated documents] in support of or in opposition to summary judgment.”  (Internal quotation marks omitted.)  New Haven v. Pantani, 89 Conn.App. 675, 678, 874 A.2d 849 (2005).   The plaintiff has not objected to the authenticity of the affidavit, however, the court will not consider the affidavit until Hayes has submitted a copy that is notarized.

Hayes is ordered to file a notarized copy of the Affidavit of Robert Hayes by November 18, 2010.   The court will consider the motion for summary judgment and objection after that time.

The Court

Cosgrove, J.

Cosgrove, Emmet L., J.