Mountain Brook Pr. Owner's v. Saldamarco, No. Cv 94-0356174-S (Oct. 6, 1994)
Opinion of the Court
"Whenever a party wishes to contest . . . the legal sufficiency of the allegations of any complaint, counterclaim or cross-claim, or . . . the legal sufficiency of any answer . . . or any part of that answer including any special defense . . . that party may do so by filing a motion to strike." Practice Book § 152. "A disclosure of defenses is not one of the enumerated pleadings which may be tested by a motion to strike pursuant to Practice Book 152." Fairfield TrustCo. v. Malloy, Superior Court, judicial district of Stamford/Norwalk at Stamford, Docket No. 0120289 (April 18, 1994, Karazin, J. (denying a motion to strike a disclosure of defenses while noting that special defenses themselves may be stricken).
In a recent case, the defendant "did not assert a special CT Page 10381 defense, but disclosed a defense." Dohn v. Simone,
Mountain Brook's motion to strike Saldamarco's disclosure of defense is procedurally incorrect and is therefore denied.
Donald W. Celotto State Trial Referee
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