Hebrew Home & Hospital, Inc. v. Neiman
Hebrew Home & Hospital, Inc. v. Neiman
Opinion of the Court
The named defendant, Joseph Neiman,
The defendant admitted that he guaranteed his mother’s bill for the period between her admission to the nursing home and her eventual receipt of social security benefits which thereafter covered all of her expenses. The plaintiff’s affidavit, signed by David Houle, vice president and controller of the Hebrew Home, merely stated an unitemized total amount due.
Although we would not normally condone an unitemized bill where the need to prove the claimant’s damages would require supporting facts, the defendant did not object, either in the trial court or on appeal, to the skeletal nature of the plaintiff’s affidavit.
If the defendant was unable to oppose the motion for summary judgment because of a lack of knowledge of the composition of the total bill, he should have filed an affidavit to that effect pursuant to Practice Book § 382.
There is no error.
Although this action was originally brought against both Joseph Neiman and Walter Neiman, the latter has been dropped as a party and is not involved in this appeal. We therefore refer to Joseph Neiman as the defendant.
The appeal was originally filed in the Appellate Session of the Superior Court. Public Acts, Spec. Sess., June, 1983, No. 83-29, § 3 (c).
Practice Book § 382 reads as follows: “Should it appear from the affidavits of a party opposing the motion that he cannot, for reasons stated, present facts essential to justify his opposition, the court may deny the motion for judgment or may order a continuance to permit affidavits to be obtained or discovery to be had or may make such other order as is just.”
Practice Book § 381 requires supporting and opposing affidavits to include “such facts as would be admissible in evidence.” The defendant’s affidavit stated only that “this guaranty was not intended to be a blank check; it was intended to cover actual and necessary care given to Anna Neiman. . . . This file will show that an Offer of Judgment in the amount of five thousand (5,000) dollars was made by the undersigned. Said offer .... is deemed to be the amount actually due.” Such a conclusory statement cannot be said to include admissible evidentiary facts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.