McGrath v. the Yale Corporation, No. Cv92-0326144 (Feb. 7, 1996)
Opinion of the Court
A motion for summary judgment must be granted where "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." PracticeBook, #384. Application of the rule "is resolved by applying to the established facts the same criteria as used in determining whether a party would be entitled to a directed verdict on the same facts." United Oil Co. v. Urban Redevelopment Commission,
The purpose of summary judgment is to resolve "litigation when pleadings, affidavits, and any other proof submitted show that CT Page 1428-X there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Wilsonv. New Haven,
The factual allegations of the complaint material to the issues raised in the pleadings do not admit of resolution by way of summary judgment. The allegations, if proved, would establish a course of conduct engaged in by the defendants over a period of time which violated rights that are addressed by statutory and common law. If proved, the allegations establish intentional violations of the plaintiff's rights which a jury might well decide were committed with a reckless disregard or malice.
Accordingly, the motion for summary judgment is denied.
Leander C. Gray, Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.