ABRAMOWITZ v. POGACNIK, No. FST CV 05 4005128 S (Oct. 13, 2006)

ROY ABRAMOWITZ ET AL. v. TATJANA POGACNIK ET AL.

2006 Ct. Sup. 18922
No. FST CV 05 4005128 SConnecticut Superior Court Judicial District of Stamford-Norwalk at Stamford
October 13, 2006

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION
JOHN R. DOWNEY, JUDGE.

Background
This case was brought under the accidental failure of suit statute, for what appears to have been an inadvertent act of plaintiff’s counsel.

Judge B. Hudock originally denied the defendant’s Motion for Summary Judgment #126; dated 5/2/06, and sustained the plaintiff’s Objection to Defendant’s Motion for Summary Judgment, #128, dated 5/24/06, as of 6/14/06.

Judge Hudock vacated his decision in light of the Defendant’s Motion to Reargue, #134, dated 7/6/06 and referred the matter to J. William Lewis.

Due to Judge Lewis’ illness, the file was referred onto Judge John Downey. At the short calendar arguable list call on October 10, 2006, both sides requested that the court take the matter on the papers and stipulated to the withdrawal of count 5 of the complaint.

Decision
The court has reviewed the briefs. The court sustains the objection of the plaintiff (#128) to the defendant’s Motion for Summary Judgment (#126), and denies the defendant’s motion (# 126).

It is noted that Count 5 is withdrawn.

So Ordered. CT Page 18923