Chandra Bozelko v. Webster Bank, N.A. (2013)

MEMORANDUM OF DECISION

In this matter a Motion for Summary Judgment was filed by the defendant dated October 1, 2013, in which it sets forth four separate reasons for the granting of its motion.   A hearing was held with respect to the same on May 2, 2013 at which both parties presented their arguments.   The pro se plaintiff was present by video connection from an out of court location.

The first claim advanced by the defendant Webster Bank N.A. (Webster) is based on the doctrine of res judicata.   Webster claims that a dismissed small claims matter justifies such ruling.   However, the plaintiff argues and the court finds that such a ruling depends on the prior matter having been disposed of on the merits and that was not the case here.   This claim must fail.

The second claim of Webster is based on the statute of limitations.   Section 52–584 sets a six-year statute of limitations on contract claims.   Section 42–110g(f) limits CUTPA claims to three years.   And Section 52–576 and 52–577 limit tort claims to two years.   Since the claims of the plaintiff appear to the court to be based upon events which allegedly occurred in 2003 and 2004 all of the claims of the plaintiff, when viewed most favorably to the plaintiff, are precluded by the applicable statute of limitations.

Since that ruling by the court disposes of the case the court will not address the remainder of the defendant's claims.

Judgment may enter for the defendant Webster as against the plaintiff Chandra Bozelko.   No costs are awarded to any party.

Robert C. Leuba, J.T.R.

Leuba, Robert C., J.T.R.