2008 Ct. Sup. 15813
No. FBT-CV 07-5012298Connecticut Superior Court Judicial District of Fairfield at Bridgeport
October 1, 2008
MEMORANDUM OF DECISION RE DEFENDANTS’ OBJECTION TO MOTION FOR SUMMARY JUDGMENT
JOSEPH W. DOHERTY, Judge.
Having considered the arguments of counsel and the memoranda of law as well as the affidavits filed by the parties, the court overrules the defendants’ objection to plaintiff’s motion for summary judgment.
The court finds that the plaintiff has established a prima facie case for foreclosure and that there are no genuine issues of material fact and the plaintiff is entitled to judgment as a matter of law.
Having examined the defendants’ special defense and the affidavits as they relate to the defendants’ “unclean hands” argument, the court finds that the defendants have failed to provide sufficient factual basis for their claim that they were in any way prevented by the plaintiff from attempting to sell the subject property.
The court further finds that the defendants have failed to meet their burden of establishing a sufficient factual basis for their claim that the appropriation of finds from Mary Ellen Salemme’s joint bank account was a violation of their Deposit Agreement with the plaintiff bank or that said funds were protected retirement funds.
The plaintiff’s motion for summary judgment as to Liability only is granted.
CT Page 15814