allegations would support defense in Connecticut

1994The court must construe the defenses "in the manner most favorable to sustaining [their] legal sufficiency." Bouchard v. People's Bank , 219 Conn. 465 , 471 , 594 A.2d 1 (1991). "[I]f facts provable under the allegations would support a defense . . . the [motion to strike] must fail." Centerbank v. Dowcom, Inc. , 8 CSCR 1286 (November 17, 1993, McDonald, J.), quoting Ferryman v. Groton , supra, 142.

1994The court must construe the defenses "in the manner most favorable to sustaining [their] legal sufficiency." Bouchard v. People's Bank , 219 Conn. 465 , 471 , 594 A.2d 1 (1991). "[I]f facts provable under the allegations would support a defense . . . the [motion to strike] must fail." Centerbank v. Dowcom, Inc. , 8 CSCR 1286 (November 17, 1993, McDonald, J.), quoting Ferryman v. Groton , supra, 142.

1994Blancato v. Feldspar Corporation, 203 Conn. 34 , 36 , 552 A.2d 1235 (1987). "`The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them . . . and if facts provable under the allegations would support a defense or a cause of action, the . . . [motion to strike] must fail.'" (Citations omitted.) Alarm Applications Co. v. Simsbury Volunteer Fire Co., 179 Conn. 541 , 545 , 427 A.2d 822 (1980).

1994Blancato v. Feldspar, 203 Conn. 34 , 36 , 552 A.2d 1235 (1987). "`The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them and if facts provable under the allegations would support a defense or cause of action, the [motion to strike] must fail.' (Citation omitted.)" Alarm Applications Co. v. Simsbury Volunteer Fire Co., 179 Conn. 541 , 545 , 427 A.2d 822 (1980).

1997"In ruling on a motion to strike the trial court is limited to considering the grounds specified in the motion." Meredith v. Police Commission, 182 Conn. 138 , 140 , 438 A.2d 27 (1980).

1997"In ruling on a motion to strike the trial court is limited to considering the grounds specified in the motion." Meredith v. Police Commission, 182 Conn. 138 , 140 , 438 A.2d 27 (1980).

1995In ruling on a motion to strike, the court is "limited to the facts alleged in the complaint", Gordon v. Bridgeport Housing Authority, 208 Conn. 161 , 170 (1988), and must "construe the facts in the complaint most favorably to the pleader." Shawmut Bank v. Wolfley, 9 CSCR 216 (1994). "`The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them and if facts provable under the allegations would support a defense or cause of action, the motion to strike must fail.

1995In ruling on a motion to strike, the court is "limited, to the facts alleged in the complaint", Gordon v. Bridgeport Housing Authority, 208 Conn. 161 , 170 (1988), and must "construe the facts in the complaint most favorably to the pleader." Shawmut Bank v. Wolfley, 9 CSCR 216 (1994). "`The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them and if facts provable under the allegations would support a defense or cause of action, the motion to strike must fail.

2000"In its ruling on the . . . motion to strike, the trial court recognize[s] its obligation to take the facts to be those alleged in the special defenses and to construe the defenses in the manner most favorable to sustaining their legal sufficiency." Connecticut National Bank v. Douglas , 221 Conn. 530 , 536 , 606 A.2d 684 (1992). "[I]f facts provable under the allegations would support a defense . . . the . . . [motion to strike] must fail." (Internal quotation marks omitted.) Ferryman v. Groton , 212 Conn. 138 , 142 , 561 A.2d 432 (1989).

2000"In its ruling on the . . . motion to strike, the trial court recognize[s] its obligation to take the facts to be those alleged in the special defenses and to construe the defenses in the manner most favorable to sustaining their legal sufficiency." Connecticut National Bank v. Douglas , 221 Conn. 530 , 536 , 606 A.2d 684 (1992). "[I]f facts provable under the allegations would support a defense . . . the . . . [motion to strike] must fail." (Internal quotation marks omitted.) Ferryman v. Groton , 212 Conn. 138 , 142 , 561 A.2d 432 (1989).

1996"In considering the ruling upon the motion to strike, we are limited to the facts alleged in the complaint." King v. Board of Education , 195 Conn. 90 , 93 , 486 A.2d 1111 (1985). "[I]f facts provable under the allegations would support a defense or a cause of action, . . . the [motion to strike] must fail." Alarm Applications Co. v. Simsbury Volunteer Fire Co ., 179 Conn. 541 , 545 , 427 A.2d 822 (1980).

1996"In considering the ruling upon the motion to strike, we are limited to the facts alleged in the complaint." King v. Board of Education , 195 Conn. 90 , 93 , 486 A.2d 1111 (1985). "[I]f facts provable under the allegations would support a defense or a cause of action, . . . the [motion to strike] must fail." Alarm Applications Co. v. Simsbury Volunteer Fire Co ., 179 Conn. 541 , 545 , 427 A.2d 822 (1980).

1994The allegations are to be given the same favorable construction as a trier would be required to give in admitting evidence under them; Ferryman v. Groton , 212 Conn. 142 ; and if facts proven under the allegations would support a defense or a cause of action, the motion to strike must fail. id .; Stradmore Development Corporation v. Commissioners , 164 Conn. 548 , 550-51 , 324 A.2d 919 (1973).

1994The allegations are to be given the same favorable construction as a trier would be required to give in admitting evidence under them; Ferryman v. Groton , 212 Conn. 142 ; and if facts proven under the allegations would support a defense or a cause of action, the motion to strike must fail. id .; Stradmore Development Corporation v. Commissioners , 164 Conn. 548 , 550-51 , 324 A.2d 919 (1973).

2000"This includes the facts necessarily implied and fairly provable under the allegations." (Internal quotation marks omitted.) Westport Bank Trust Co. v. Corcoran, Mallin Aresco , 221 Conn. 490 , 495 , 605 A.2d 862 (1992). "[I]f facts provable under the allegations would support a defense . . . the . . . [motion to strike] must fail." (Internal quotation marks omitted.) Ferryman v. Groton , 212 Conn. 138 , 142 , 561 A.2d 432 (1989).

2000"This includes the facts necessarily implied and fairly provable under the allegations." (Internal quotation marks omitted.) Westport Bank Trust Co. v. Corcoran, Mallin Aresco , 221 Conn. 490 , 495 , 605 A.2d 862 (1992). "[I]f facts provable under the allegations would support a defense . . . the . . . [motion to strike] must fail." (Internal quotation marks omitted.) Ferryman v. Groton , 212 Conn. 138 , 142 , 561 A.2d 432 (1989).

1997Novametrix Medical Systems, Inc. v. BOC Group, Inc., 224 Conn. 210 , 215 , 618 A.2d 25 (1992). "[I]f facts provable under the allegations would support a defense or cause of action, the . . . [motion to strike] must fail." Ferryman v. Groton, 212 Conn. 138 , 142 , 561 A.2d 432 (1989).

1997Novametrix Medical Systems, Inc. v. BOC Group, Inc., 224 Conn. 210 , 215 , 618 A.2d 25 (1992). "[I]f facts provable under the allegations would support a defense or cause of action, the . . . [motion to strike] must fail." Ferryman v. Groton, 212 Conn. 138 , 142 , 561 A.2d 432 (1989).

1993"The legal conclusions or opinions stated in [a] special defense are not deemed admitted, but rather must flow from the subordinate facts provided." County Federal Savings Loan CT Page 3107 Ass'n v. Eastern Associates, 3 Conn. App. 582 , 586 , 491 A.2d 401 (1985), citing McAdam v. Sheldon, 153 Conn. 278 , 283 , 216 A.2d 193 (1965). "[I]f facts provable under the allegations would support a defense. . .the. . .[motion to strike] must fail.

1993"The legal conclusions or opinions stated in [a] special defense are not deemed admitted, but rather must flow from the subordinate facts provided." County Federal Savings Loan CT Page 3107 Ass'n v. Eastern Associates, 3 Conn. App. 582 , 586 , 491 A.2d 401 (1985), citing McAdam v. Sheldon, 153 Conn. 278 , 283 , 216 A.2d 193 (1965). "[I]f facts provable under the allegations would support a defense. . .the. . .[motion to strike] must fail.

1996"If the plaintiff's complaint . . . contains the necessary elements of [the cause of action] it [will] survive a motion to strike." D'Ulisse-Cupo v. Board of Notre Dame High School, 202 Conn. 206 , 218-19 , 520 A.2d 217 (1987).

1996"If the plaintiff's complaint . . . contains the necessary elements of [the cause of action] it [will] survive a motion to strike." D'Ulisse-Cupo v. Board of Notre Dame High School, 202 Conn. 206 , 218-19 , 520 A.2d 217 (1987).

1995"The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail." (Citation omitted.) Alarm Applications Co. v. Simsbury Volunteer Fire Co. , 179 Conn. 541 , 545 , 427 A.2d 822 (1980). "[W]hether a court should grant declaratory relief is properly decided by a motion to strike." Aetna Casualty Surety Co. v. Jones , 220 Conn. 285 , 293 , 596 A.2d 414 (1991).

1995"The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail." (Citation omitted.) Alarm Applications Co. v. Simsbury Volunteer Fire Co. , 179 Conn. 541 , 545 , 427 A.2d 822 (1980). "[W]hether a court should grant declaratory relief is properly decided by a motion to strike." Aetna Casualty Surety Co. v. Jones , 220 Conn. 285 , 293 , 596 A.2d 414 (1991).

1989Cf. Cyr v. Brookfield, 153 Conn. 261, 263 , 216 A.2d 198 (1965); Weaver v. Ives, 152 Conn. 586, 589 , 210 A.2d 661 (1965). ‘The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them; Benson v. Housing Authority, 145 Conn. 196, 199 , 140 A.2d 320 [1958]; and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail.

1989Cf. Cyr v. Brookfield, 153 Conn. 261, 263 , 216 A.2d 198 (1965); Weaver v. Ives, 152 Conn. 586, 589 , 210 A.2d 661 (1965). ‘The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them; Benson v. Housing Authority, 145 Conn. 196, 199 , 140 A.2d 320 [1958]; and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail.

1989Cf. Cyr v. Brookfield, 153 Conn. 261, 263 , 216 A.2d 198 (1965); Weaver v. Ives, 152 Conn. 586, 589 , 210 A.2d 661 (1965). ‘The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them; Benson v. Housing Authority, 145 Conn. 196, 199 , 140 A.2d 320 [1958]; and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail.

1989Cf. Cyr v. Brookfield, 153 Conn. 261, 263 , 216 A.2d 198 (1965); Weaver v. Ives, 152 Conn. 586, 589 , 210 A.2d 661 (1965). ‘The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them; Benson v. Housing Authority, 145 Conn. 196, 199 , 140 A.2d 320 [1958]; and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail.

2002"In ruling on a motion to strike, the court is limited to the facts alleged in the complaint." (Internal quotation marks omitted.) Waters v. Autuori , 236 Conn. 820 , 825 , 676 A.2d 357 (1996). "if facts provable under the allegations would support a defense or a cause of action, the motion to strike must be denied." RK Constructors, Inc. v. Fusco Corp ., 231 Conn. 381 , 384 , 650 A.2d 153 (1994).

2002"In ruling on a motion to strike, the court is limited to the facts alleged in the complaint." (Internal quotation marks omitted.) Waters v. Autuori , 236 Conn. 820 , 825 , 676 A.2d 357 (1996). "if facts provable under the allegations would support a defense or a cause of action, the motion to strike must be denied." RK Constructors, Inc. v. Fusco Corp ., 231 Conn. 381 , 384 , 650 A.2d 153 (1994).

2002"A motion to strike admits all facts well pleaded; it does not admit legal conclusions or the truth or accuracy of opinions stated in the pleadings ." (Emphasis in original; internal quotations marks omitted.) Faulkner v. United Technologies Corp ., 240 Conn. 576 , 588 (1997).

2001"A motion to strike admits all facts well pleaded; it does not admit legal conclusions or the truth or accuracy of opinions stated in the pleadings." (Emphasis in original; internal quotation marks omitted.) Faulkner v. United Technologies Corp ., 240 Conn. 576 , 588 ., 693 A.2d 293 CT Page 14847 (1997).

2001(Internal quotation marks omitted.) Id.; see also Liljedahl Bros., Inc. v. Grigsby, 215 Conn. 345, 348 , 576 A.2d 149 (1990); Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977).

2001(Internal quotation marks omitted.) Id.; see also Liljedahl Bros., Inc. v. Grigsby, 215 Conn. 345, 348 , 576 A.2d 149 (1990); Fraser v. Henninger, 173 Conn. 52, 60 , 376 A.2d 406 (1977).

1995"The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them, and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail." Ferryman v. Groton, 212 Conn. 138 , 142 , 561 A.2d 432 (1989). "[A] plaintiff can demur [move to strike] to a special defense or counterclaim." Nowak v. Nowak, 175 Conn. 112 , 116 , 394 A.2d 716 (1978). "[T]he trial court [is] obliged . . . to assume the truth of the allegations contained in the . . . special CT Page 264 defense

1995"The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them, and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail." Ferryman v. Groton, 212 Conn. 138 , 142 , 561 A.2d 432 (1989). "[A] plaintiff can demur [move to strike] to a special defense or counterclaim." Nowak v. Nowak, 175 Conn. 112 , 116 , 394 A.2d 716 (1978). "[T]he trial court [is] obliged . . . to assume the truth of the allegations contained in the . . . special CT Page 264 defense

1995"We consistently have interpreted the exclusivity provision of the [Workers' Compensation Act], General Statutes § 31-284 (a), as a total bar to common law actions brought by employees against employers for job related injuries with one narrow exception that exists when the employer has committed an intentional tort or where the employer has engaged in wilful or serious misconduct." Suarez v. Dickmont Plastics Corp., 229 Conn. 99 , 106 , 639 A.2d 507 (1994).

1995"We consistently have interpreted the exclusivity provision of the [Workers' Compensation Act], General Statutes § 31-284 (a), as a total bar to common law actions brought by employees against employers for job related injuries with one narrow exception that exists when the employer has committed an intentional tort or where the employer has engaged in wilful or serious misconduct." Suarez v. Dickmont Plastics Corp., 229 Conn. 99 , 106 , 639 A.2d 507 (1994).

1995In ruling on a motion to strike, the court is "limited to the facts alleged in the complaint", Gordon v. Bridgeport Housing Authority, 208 Conn. 161 , 170 (1988), and must "construe the facts in the complaint most favorably to the pleader." Shawmut Bank v. Wolfley, 9 CSCR 216 (1994). "`The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them and if facts provable under the allegations would support a defense or cause of action, the motion to strike must fail.

1995In ruling on a motion to strike, the court is "limited, to the facts alleged in the complaint", Gordon v. Bridgeport Housing Authority, 208 Conn. 161 , 170 (1988), and must "construe the facts in the complaint most favorably to the pleader." Shawmut Bank v. Wolfley, 9 CSCR 216 (1994). "`The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them and if facts provable under the allegations would support a defense or cause of action, the motion to strike must fail.

1995"The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them, and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail." Ferryman v. Groton, 212 Conn. 138 , 142 , 561 A.2d 432 (1989). "[A] plaintiff can demur [move to strike] to a special defense or counterclaim." Nowak v. Nowak, 175 Conn. 112 , 116 , 394 A.2d 716 (1978). "[T]he trial court [is] obliged . . . to assume the truth of the allegations contained in the . . . special CT Page 264 defense

1995"The allegations are entitled to the same favorable construction as a trier would be required to give in admitting evidence under them, and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail." Ferryman v. Groton, 212 Conn. 138 , 142 , 561 A.2d 432 (1989). "[A] plaintiff can demur [move to strike] to a special defense or counterclaim." Nowak v. Nowak, 175 Conn. 112 , 116 , 394 A.2d 716 (1978). "[T]he trial court [is] obliged . . . to assume the truth of the allegations contained in the . . . special CT Page 264 defense

1994Minwax, citing Kyrtatas v. Stop Shop, Inc. , 205 Conn. 694 , 535 A.2d 357 (1988), argues that United's cross complaint is legally insufficient on the ground that a cross complaint seeking indemnification and contribution, in an underlying product liability action, is not permitted where all potential defendants are parties to the action.

1994Minwax, citing Kyrtatas v. Stop Shop, Inc. , 205 Conn. 694 , 535 A.2d 357 (1988), argues that United's cross complaint is legally insufficient on the ground that a cross complaint seeking indemnification and contribution, in an underlying product liability action, is not permitted where all potential defendants are parties to the action.

1994Upon deciding a motion to strike, the trial court must construe the "plaintiff's complaint in [a] manner most favorable to sustaining its legal sufficiency." Bouchard v. People's Bank , 219 Conn. 465 , 471 , 594 A.2d 1 (1991). "[I]f the facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail." (Citations omitted; internal quotation marks omitted.) Ferryman v. Groton , supra, 142. "[W]hether the facts alleged would if true, amount to a highway defect according to the statute is a question of law which may be determined on a mo

1994Upon deciding a motion to strike, the trial court must construe the "plaintiff's complaint in [a] manner most favorable to sustaining its legal sufficiency." Bouchard v. People's Bank , 219 Conn. 465 , 471 , 594 A.2d 1 (1991). "[I]f the facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail." (Citations omitted; internal quotation marks omitted.) Ferryman v. Groton , supra, 142. "[W]hether the facts alleged would if true, amount to a highway defect according to the statute is a question of law which may be determined on a mo

1992Michaud v. Wawruck 209 Conn. 407 , 408 551 A.2d 738 (1988)." Bouchard v. People's Bank 219 Conn. 465 , 46 , 7 594 A.2d 1 (1991). "[I]f facts provable under the allegations would support a defense or a cause of action the [motion to strike] must fail." Ferryman v. Groton, supra, 142 (citations omitted).

1992Michaud v. Wawruck 209 Conn. 407 , 408 551 A.2d 738 (1988)." Bouchard v. People's Bank 219 Conn. 465 , 46 , 7 594 A.2d 1 (1991). "[I]f facts provable under the allegations would support a defense or a cause of action the [motion to strike] must fail." Ferryman v. Groton, supra, 142 (citations omitted).