failure to assert defense in Connecticut

2017Additionally, "[t]he denial of such relief to a party who has suffered a default judgment by his failure to defend properly should not be held an abuse of discretion where the failure to assert a defense was the result of the moving party's own negligence." (Internal quotation marks omitted.) Hartford Federal Savings & Loan Assn. v. Stage Harbor Corp. , 181 Conn. 141 , 143-44, 434 A.2d 341 (1980).

2017Additionally, "[t]he denial of such relief to a party who has suffered a default judgment by his failure to defend properly should not be held an abuse of discretion where the failure to assert a defense was the result of the moving party's own negligence." (Internal quotation marks omitted.) Hartford Federal Savings & Loan Assn. v. Stage Harbor Corp. , 181 Conn. 141 , 143-44, 434 A.2d 341 (1980).

1984General Statutes § 49-15. ‘The denial of such relief to a party who has suffered a default judgment by his failure to defend properly should not be held an abuse of discretion where the failure to assert a defense was the result of the moving party’s own negligence.’ Manchester State Bank v. Reale, supra, 524 ; Jaquith v. Revson, 159 Conn. 427, 431 , 270 A.2d 559 [1970]; Jacobson v. Robington, 139 Conn. 532 , 95 A.2d 66 [1953].” Hartford Federal Savings & Loan Assn. v. Stage Harbor Corporation, 181 Conn. 141, 143-44 , 434 A.2d 341 (1980); see Kaplan & Jellinghaus v. Newfield Yacht Sales, Inc.,

1984General Statutes § 49-15. ‘The denial of such relief to a party who has suffered a default judgment by his failure to defend properly should not be held an abuse of discretion where the failure to assert a defense was the result of the moving party’s own negligence.’ Manchester State Bank v. Reale, supra, 524 ; Jaquith v. Revson, 159 Conn. 427, 431 , 270 A.2d 559 [1970]; Jacobson v. Robington, 139 Conn. 532 , 95 A.2d 66 [1953].” Hartford Federal Savings & Loan Assn. v. Stage Harbor Corporation, 181 Conn. 141, 143-44 , 434 A.2d 341 (1980); see Kaplan & Jellinghaus v. Newfield Yacht Sales, Inc.,

1984General Statutes § 49-15. ‘The denial of such relief to a party who has suffered a default judgment by his failure to defend properly should not be held an abuse of discretion where the failure to assert a defense was the result of the moving party’s own negligence.’ Manchester State Bank v. Reale, supra, 524 ; Jaquith v. Revson, 159 Conn. 427, 431 , 270 A.2d 559 [1970]; Jacobson v. Robington, 139 Conn. 532 , 95 A.2d 66 [1953].” Hartford Federal Savings & Loan Assn. v. Stage Harbor Corporation, 181 Conn. 141, 143-44 , 434 A.2d 341 (1980); see Kaplan & Jellinghaus v. Newfield Yacht Sales, Inc.,

1984General Statutes § 49-15. ‘The denial of such relief to a party who has suffered a default judgment by his failure to defend properly should not be held an abuse of discretion where the failure to assert a defense was the result of the moving party’s own negligence.’ Manchester State Bank v. Reale, supra, 524 ; Jaquith v. Revson, 159 Conn. 427, 431 , 270 A.2d 559 [1970]; Jacobson v. Robington, 139 Conn. 532 , 95 A.2d 66 [1953].” Hartford Federal Savings & Loan Assn. v. Stage Harbor Corporation, 181 Conn. 141, 143-44 , 434 A.2d 341 (1980); see Kaplan & Jellinghaus v. Newfield Yacht Sales, Inc.,

2025As our courts repeatedly have observed, ‘‘[n]egli- gence is no ground for vacating a judgment, and it has been consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where the failure to assert a defense was the result of negligence.’’ (Internal quotation marks omitted.) Woodruff v. Riley, 78 Conn. App. 466, 471 , 827 A.2d 743 , cert. denied, 266 Conn. 922 , 835 A.2d 474 (2003); see also Disturco v. Gates in New Canaan, LLC, 204 Conn. App. 526 , 533-34, 253 A.3d 1033 (2021) (‘‘a defendant’s negligence does not constitute reasonable ca

1986Pelletier v. Paradis, 4 Conn. Cir. Ct. 396, 399 , 232 A.2d 925 (1966), is very similar to the present case.

2012Moreover, it is axiomatic that “[n]egligence is no ground for vacating a judgment, and it has been consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where the failure to assert a defense was the result of negligence.” Id.

2005“Negligence is no ground for vacating a judgment, and it has been consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where the failure to assert a defense was the result of negligence.” (Internal quotation marks omitted.) Id.

2024Our Supreme Court has consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where 0 Conn. App. 1 ,0 15 Nationstar Mortgage, LLC v. Giacomi the failure to assert a defense was the result of negligence.’’ (Internal quotation marks omitted.)); Dziedzic v. Pine Island Marina, LLC, 143 Conn. App. 644, 653 , 72 A.3d 406 (2013) (‘‘Negligence is no ground for vacating a judgment, and it has been consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where the failure to assert a def

2024Our Supreme Court has consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where 0 Conn. App. 1 ,0 15 Nationstar Mortgage, LLC v. Giacomi the failure to assert a defense was the result of negligence.’’ (Internal quotation marks omitted.)); Dziedzic v. Pine Island Marina, LLC, 143 Conn. App. 644, 653 , 72 A.3d 406 (2013) (‘‘Negligence is no ground for vacating a judgment, and it has been consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where the failure to assert a def

2017We have previously stated that "[a] court should not open a default judgment in cases where the defendants admit they received actual notice and simply chose to ignore the court's authority." (Internal quotation marks omitted.) Woodruff v. Riley , 78 Conn.App. 466 , 471, 827 A.2d 743 , cert. denied, 266 Conn. 922 , 835 A.2d 474 (2003). 1 This court and our Supreme Court have also repeatedly held that "[n]egligence is no ground for vacating a judgment, and it has been consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where the fai

2017We have previously stated that "[a] court should not open a default judgment in cases where the defendants admit they received actual notice and simply chose to ignore the court's authority." (Internal quotation marks omitted.) Woodruff v. Riley , 78 Conn.App. 466 , 471, 827 A.2d 743 , cert. denied, 266 Conn. 922 , 835 A.2d 474 (2003). 1 This court and our Supreme Court have also repeatedly held that "[n]egligence is no ground for vacating a judgment, and it has been consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where the fai

2014Additionally, we are mindful that “[b]ecause opening a judgment is a matter of discretion, the trial court [is] not required to open the judgment to consider *494 a claim not previously raised.” (Internal quotation marks omitted.) Chapman Lumber, Inc. v. Tager, 288 Conn. 69, 94 , 962 A.2d 1 (2008); JPMorgan Chase Bank, N.A. v. Eldon, 144 Conn. App. 260, 273 , 73 A.3d 767 , cert. denied, 310 Conn. 936 , 79 A.3d 889 (2013).

2014Additionally, we are mindful that “[b]ecause opening a judgment is a matter of discretion, the trial court [is] not required to open the judgment to consider *494 a claim not previously raised.” (Internal quotation marks omitted.) Chapman Lumber, Inc. v. Tager, 288 Conn. 69, 94 , 962 A.2d 1 (2008); JPMorgan Chase Bank, N.A. v. Eldon, 144 Conn. App. 260, 273 , 73 A.3d 767 , cert. denied, 310 Conn. 936 , 79 A.3d 889 (2013).

2014Additionally, we are mindful that “[b]ecause opening a judgment is a matter of discretion, the trial court [is] not required to open the judgment to consider *494 a claim not previously raised.” (Internal quotation marks omitted.) Chapman Lumber, Inc. v. Tager, 288 Conn. 69, 94 , 962 A.2d 1 (2008); JPMorgan Chase Bank, N.A. v. Eldon, 144 Conn. App. 260, 273 , 73 A.3d 767 , cert. denied, 310 Conn. 936 , 79 A.3d 889 (2013).

2014Additionally, we are mindful that “[b]ecause opening a judgment is a matter of discretion, the trial court [is] not required to open the judgment to consider *494 a claim not previously raised.” (Internal quotation marks omitted.) Chapman Lumber, Inc. v. Tager, 288 Conn. 69, 94 , 962 A.2d 1 (2008); JPMorgan Chase Bank, N.A. v. Eldon, 144 Conn. App. 260, 273 , 73 A.3d 767 , cert. denied, 310 Conn. 936 , 79 A.3d 889 (2013).

2013Negligence of a party or [its] counsel is insufficient for purposes of § 52-212 to set aside a default judgment.” (Internal quotation marks omitted.) Giano v. Salvatore, 136 Conn. App. 834, 843 , 46 A.3d 996 , cert. denied, 307 Conn. 926 , 55 A.3d 567 (2012); see Postemski v. Landon, 9 Conn. App. 320, 325 , 518 A.2d 674 (1986) (“[w]hile mistake, accident or other reasonable cause may be a sufficient reason to open a default judgment, negligence is not”).

2013Negligence of a party or [its] counsel is insufficient for purposes of § 52-212 to set aside a default judgment.” (Internal quotation marks omitted.) Giano v. Salvatore, 136 Conn. App. 834, 843 , 46 A.3d 996 , cert. denied, 307 Conn. 926 , 55 A.3d 567 (2012); see Postemski v. Landon, 9 Conn. App. 320, 325 , 518 A.2d 674 (1986) (“[w]hile mistake, accident or other reasonable cause may be a sufficient reason to open a default judgment, negligence is not”).

2007Negligence of a party or his counsel is insufficient for purposes of § 52-212 to *49 set aside a default judgment.” (Internal quotation marks omitted.) Wilson v. Troxler, 91 Conn. App. 864, 872 , 883 A.2d 18 , cert. denied, 276 Conn. 928 , 929, 889 A.2d 819 , 820 (2005).

2007Negligence of a party or his counsel is insufficient for purposes of § 52-212 to *49 set aside a default judgment.” (Internal quotation marks omitted.) Wilson v. Troxler, 91 Conn. App. 864, 872 , 883 A.2d 18 , cert. denied, 276 Conn. 928 , 929, 889 A.2d 819 , 820 (2005).

2007Negligence of a party or his counsel is insufficient for purposes of § 52-212 to *49 set aside a default judgment.” (Internal quotation marks omitted.) Wilson v. Troxler, 91 Conn. App. 864, 872 , 883 A.2d 18 , cert. denied, 276 Conn. 928 , 929, 889 A.2d 819 , 820 (2005).

2007Negligence of a party or his counsel is insufficient for purposes of § 52-212 to *49 set aside a default judgment.” (Internal quotation marks omitted.) Wilson v. Troxler, 91 Conn. App. 864, 872 , 883 A.2d 18 , cert. denied, 276 Conn. 928 , 929, 889 A.2d 819 , 820 (2005).

2002Negligence of a party or his counsel is insufficient for purposes of § 52-212 to set aside a default judgment." State v. Ritz Realty Corp. , 63 Conn. App. 544 , 548-549 , 776 A.2d 1195 (2001).

2002Negligence of a party or his counsel is insufficient for purposes of § 52-212 to set aside a default judgment." State v. Ritz Realty Corp. , 63 Conn. App. 544 , 548-549 , 776 A.2d 1195 (2001).

2002Corp. , 150 Conn. 188 , 194 , 187 A.2d 243 (1962). `Negligence is no ground for vacating a judgment, and it has been consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where the failure to assert a defense was the result of negligence.' Pantlin Chananie Development Corp. v. Hartford Cement Building Supply Co. , 196 Conn. 233 , 240-41 , 492 A.2d 159 (1985).

2002Corp. , 150 Conn. 188 , 194 , 187 A.2d 243 (1962). `Negligence is no ground for vacating a judgment, and it has been consistently held that the denial of a motion to open a default judgment should not be held an abuse of discretion where the failure to assert a defense was the result of negligence.' Pantlin Chananie Development Corp. v. Hartford Cement Building Supply Co. , 196 Conn. 233 , 240-41 , 492 A.2d 159 (1985).

2001In denying the motion to open, the court stated: "`It is well settled that a default judgment should not be opened in cases . . . where the [defendant has] received actual notice of a lawsuit but simply [chooses] to ignore the authority of the court.' Pellietier v. Goodnoff , 45 Conn. Sup. 563 , 566 , 27 A.2d 277 (1998), aff'd, 52 Conn. App. 360 , 727 A.2d 229 (1999)." Id.; see also Pantlin Chananie Development Corp. v. Hartford Cement Building Supply Co ., 196 Conn. 235 , ("negligence is no ground for vacating a judgment, and . . . the denial of a motion to open a default judgment should not

2001In denying the motion to open, the court stated: "`It is well settled that a default judgment should not be opened in cases . . . where the [defendant has] received actual notice of a lawsuit but simply [chooses] to ignore the authority of the court.' Pellietier v. Goodnoff , 45 Conn. Sup. 563 , 566 , 27 A.2d 277 (1998), aff'd, 52 Conn. App. 360 , 727 A.2d 229 (1999)." Id.; see also Pantlin Chananie Development Corp. v. Hartford Cement Building Supply Co ., 196 Conn. 235 , ("negligence is no ground for vacating a judgment, and . . . the denial of a motion to open a default judgment should not

2001In denying the motion to open, the court stated: "`It is well settled that a default judgment should not be opened in cases . . . where the [defendant has] received actual notice of a lawsuit but simply [chooses] to ignore the authority of the court.' Pellietier v. Goodnoff , 45 Conn. Sup. 563 , 566 , 27 A.2d 277 (1998), aff'd, 52 Conn. App. 360 , 727 A.2d 229 (1999)." Id.; see also Pantlin Chananie Development Corp. v. Hartford Cement Building Supply Co ., 196 Conn. 235 , ("negligence is no ground for vacating a judgment, and . . . the denial of a motion to open a default judgment should not

1996Manchester State Bank v. Reale, 172 Conn. 520 , 524 , 375 A.2d 1009 (1977); Jaquith v. Revson, 159 Conn. 427 , 431 , 270 A.2d 559 (1970); Jacobson v. Robington, 139 Conn. 532 , 95 A.2d 66 CT Page 1401-JJ (1953); Hartford Federal Savings Loan Assn. v. State Harbor Corporation, 181 Conn. 141 , 143-44 , 434 A.2d 341 (1980); Eastern Elevator Co. v. Scalzi, 193 Conn. 128 , 132 , 474 A.2d 456 (1984).

1996Manchester State Bank v. Reale, 172 Conn. 520 , 524 , 375 A.2d 1009 (1977); Jaquith v. Revson, 159 Conn. 427 , 431 , 270 A.2d 559 (1970); Jacobson v. Robington, 139 Conn. 532 , 95 A.2d 66 CT Page 1401-JJ (1953); Hartford Federal Savings Loan Assn. v. State Harbor Corporation, 181 Conn. 141 , 143-44 , 434 A.2d 341 (1980); Eastern Elevator Co. v. Scalzi, 193 Conn. 128 , 132 , 474 A.2d 456 (1984).

1996Manchester State Bank v. Reale, 172 Conn. 520 , 524 , 375 A.2d 1009 (1977); Jaquith v. Revson, 159 Conn. 427 , 431 , 270 A.2d 559 (1970); Jacobson v. Robington, 139 Conn. 532 , 95 A.2d 66 CT Page 1401-JJ (1953); Hartford Federal Savings Loan Assn. v. State Harbor Corporation, 181 Conn. 141 , 143-44 , 434 A.2d 341 (1980); Eastern Elevator Co. v. Scalzi, 193 Conn. 128 , 132 , 474 A.2d 456 (1984).

1996Manchester State Bank v. Reale, 172 Conn. 520 , 524 , 375 A.2d 1009 (1977); Jaquith v. Revson, 159 Conn. 427 , 431 , 270 A.2d 559 (1970); Jacobson v. Robington, 139 Conn. 532 , 95 A.2d 66 CT Page 1401-JJ (1953); Hartford Federal Savings Loan Assn. v. State Harbor Corporation, 181 Conn. 141 , 143-44 , 434 A.2d 341 (1980); Eastern Elevator Co. v. Scalzi, 193 Conn. 128 , 132 , 474 A.2d 456 (1984).

1979Manchester State Bank v. Reale, supra; Jaquith v. Revson, 159 Conn. 427, 432 , 270 A.2d 559 ; Testa v. Carrolls Hamburger System, Inc., 154 Conn. 294, 300 , 224 A.2d 739 ; Automotive Twins, Inc. v. Klein, 138 Conn. 28, 34 , 82 A.2d 146 .

1979Manchester State Bank v. Reale, supra; Jaquith v. Revson, 159 Conn. 427, 432 , 270 A.2d 559 ; Testa v. Carrolls Hamburger System, Inc., 154 Conn. 294, 300 , 224 A.2d 739 ; Automotive Twins, Inc. v. Klein, 138 Conn. 28, 34 , 82 A.2d 146 .

1979Manchester State Bank v. Reale, supra; Jaquith v. Revson, 159 Conn. 427, 432 , 270 A.2d 559 ; Testa v. Carrolls Hamburger System, Inc., 154 Conn. 294, 300 , 224 A.2d 739 ; Automotive Twins, Inc. v. Klein, 138 Conn. 28, 34 , 82 A.2d 146 .

1979Manchester State Bank v. Reale, supra; Jaquith v. Revson, 159 Conn. 427, 432 , 270 A.2d 559 ; Testa v. Carrolls Hamburger System, Inc., 154 Conn. 294, 300 , 224 A.2d 739 ; Automotive Twins, Inc. v. Klein, 138 Conn. 28, 34 , 82 A.2d 146 .