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Connecticut Superior Court, 1997

Kelly v. Nation's Title of New York, No. Cv 96 032 62 59 (Oct. 31, 1997)

Kelly v. Nation's Title of New York, No. Cv 96 032 62 59 (Oct. 31, 1997)
Connecticut Superior Court · Decided October 31, 1997 · STODOLINK, JUDGE
1997 Conn. Super. Ct. 11011
Kelly v. Nation's Title of New York, No. Cv 96 032 62 59 (Oct. 31, 1997)

Opinion of the Court

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION ON MOTION TO STRIKE #103 The defendants filed a motion to strike count four of the plaintiff's complaint. Subsequently, the plaintiffs filed an amended complaint eliminating the cause of action alleged in count four of the original compliant. "[I]t is noted that . . . the filing of an amended pleading acts as a withdrawal of the original pleading. . . ." Caron v. Connecticut Light andPower Co., Superior Court, judicial district of Danbury, Docket No. 320834 (May 10, 1996; Moraghan, J.), citing Roycev. Westport, 183 Conn. 177, 439 A.2d 298 (1981). The motion to strike is therefore moot. See, e.g., Ceci Brothers, Inc.v. Five Twenty-One, Superior Court, judicial district of Stamford/Norwalk at Stamford, Docket No. 150073 (December 18, 1996; Hickey, J.). Accordingly, the court denies the motion to strike.

STODOLINK, JUDGE

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