Stephen Court Condominium Association, Inc. v. Gabriel G. Tarsi et al. (2011)

MEMORANDUM OF DECISION

This is a foreclosure action brought by the plaintiff condominium association for failure to pay the common charges assessment.   The plaintiff has filed a motion for summary judgment as to liability and one of the named defendants, New Alliance Bank, has filed an objection.

DISCUSSION

“Practice Book § 17-49 provides that summary judgment 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.”  (Internal quotation marks omitted.)  Provencher v. Enfield, 284 Conn. 772, 790-91, 936 A.2d 625 (2007).  “[T]he genuine issue aspect of summary judgment requires the parties to bring forward before trial evidentiary facts, or substantial evidence outside the pleadings, from which the material facts alleged in the pleadings can warrantably be inferred ․ A material fact has been defined adequately and simply as a fact which will make a difference in the result of the case.”   (Citation omitted;  internal quotation marks omitted.)  Buell Industries, Inc. v. Greater New York Mutual Ins. Co., 259 Conn. 527, 556, 791 A.2d 489 (2002).

“In seeking summary judgment, it is the movant who has the burden of showing the nonexistence of any issue of fact ․ Once the moving party has met its burden ․ the opposing party must present evidence that demonstrates the existence of some disputed factual issue ․ It is not enough ․ for the opposing party merely to assert the existence of such a disputed issue.”   (Internal quotation marks omitted.)  Zielinski v. Kotsoris, 279 Conn. 312, 318-19, 901 A.2d 1207 (2006).  “In ruling on a motion for summary judgment, the court's function is not to decide issues of material fact, but rather to determine whether any such issues exist.”  Nolan v. Borkowski, 206 Conn. 495, 500, 538 A.2d 1031 (1988).   Moreover, “the ․ court must view the evidence in the light most favorable to the nonmoving party.”  (Internal quotation marks omitted.)  Provencher v. Enfield, supra, 284 Conn. 791.

The plaintiff's complaint sets forth the cause of action and lists a number of defendants that may have an interest in the property.   New Alliance claims that summary judgment should not enter because the plaintiff's motion has not addressed the issue of whether Bank of America N.A. may claim an interest in the property.   Inasmuch as the motion addresses only the issue of liability, this issue is not one of material fact.   Accordingly, the motion for summary judgment is granted.

BY THE COURT

Jack W. Fischer, J.

Fischer, Jack W., J.