Spaulding v. Ginsberg, Comm'r, Human Resources, No. 57903 (Mar. 26, 1993)
Opinion of the Court
The voluntary withdrawal of the sixth and eighth counts of the plaintiff's complaint was intended to correct a defect in the plaintiff's appeal of a judgment as to the remaining counts of the complaint. The attempt was unsuccessful and procedurally fatal to the plaintiff's case.
The plaintiff has moved in a timely fashion to restore the two counts which she withdrew voluntarily; albeit, without regard to the consequences. "[I]t has been held that in Connecticut a withdrawal under the statute [Sec.
The court is persuaded that the plaintiff, despite defendant's contrary argument, has demonstrated sufficient cause for restoration of the two counts which are the subject of her motion. This ruling, however, is not intended to deprive the defendant of any challenge he may wish to assert against the counts restored hereby based on the procedural history of the case.
GAFFNEY, J.
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