Cavallo v. Derby Sav. Bank, 449 A.2d 986 (Conn. 1982). · Go Syfert
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Cavallo v. Derby Sav. Bank, 449 A.2d 986 (Conn. 1982). Cases Citing This Book View Copy Cite
“the trial court may not seek beyond the complaint for facts not alleged. . . .”
378 citation events (84 in the last 25 years) across 5 distinct courts.
Strongest positive: The Bank of New Haven v. Chrysler Finan., No. Cv-98-0409845 S (Oct. 1, 1998) (connsuperct, 1998-10-01)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 48 distinct citers.
examined Cited as authority (quoted) The Bank of New Haven v. Chrysler Finan., No. Cv-98-0409845 S (Oct. 1, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
the trial court may not seek beyond the complaint for facts not alleged. . . .
discussed Cited as authority (rule) Ride, Inc. v. APS Technology, Inc.
D. Conn. · 2014 · confidence medium
“The pleading party cannot merely make conclusions of law without alleging facts which would bring the case within any of the recognized grounds for that particular cause of action.” Del Greco Realty Co., Inc. v. Lamoureux, 39 Conn.Supp. 95, 98-99 , 469 A.2d 1232 (1983) (citing Cavallo v. Derby Savings Bank, 188 Conn. 281, 283, 285 , 449 A.2d 986 (1982)).
discussed Cited as authority (rule) Worthen v. Mohegan Tribal Gaming Authority
mohegangct · 2001 · confidence medium
A. STANDARD OF REVIEW Section 22 of the Gaming Disputes Trial Court Rules of Civil Procedure, patterned after Section 10-39 of the Connecticut Practice Book, provides that a Motion To Strike may be used by any party to contest, inter alia, “the legal sufficiency of the allegations of any complaint ... ”, as well as “the legal sufficiency of any prayer for relief.” It has been held that the “purpose and scope of a Motion To Strike are identical to those of a demurrer.” Cavallo v. Derby Savings Bank, 188 Conn. 281, 283 , 449 A.2d 986, 987 (1982).
cited Cited as authority (rule) New Haven Investments v. Nelson, No. 327170 (Dec. 18, 1992)
Conn. Super. Ct. · 1992 · confidence medium
Bouchard v. Peoples Bank, 219 Conn. 465 , 471 594 A.2d 1 (1991); Cavallo v. Derby Savings Bank, 188 Conn. 281 283, 449 A.2d 986 (1982).
cited Cited as authority (rule) Markiewicz v. Bajor, No. Cv90 03 24 58s (Dec. 7, 1990)
Conn. Super. Ct. · 1990 · confidence medium
King v. Board of Education, 195 Conn. 90 , 93 ; Cavallo v. Derby Savings Bank, supra, 285, 286 .
cited Cited as authority (rule) Del Greco Realty Co. v. Lamoureux
Conn. Super. Ct. · 1983 · confidence medium
Cavallo v. Derby Savings Bank, 188 Conn. 281, 283, 285 , 449 A.2d 986 (1982).
discussed Cited "see" LendingHome Marketplace, LLC v. Traditions Oil Group, LLC (2×)
Conn. App. Ct. · 2022 · signal: see · confidence high
See U.S. Bank National Assn. v. Rothermel, 339 Conn. 366 , 377, 260 A.3d 1187 (2021). 7 On September 7, 2021, this court ordered the parties to file supplemental briefs addressing the applicability to the present appeal of our Supreme Court’s decision in U.S. Bank National Assn. v. Rothermel, 339 Conn. 366 , 260 A.3d 1187 (2021), which was released on June 23, 2021, after the parties had filed their principal briefs. 8 Although the court in Rothermel cited to Cavallo v. Derby Savings Bank, 188 Conn. 281 , 449 A.2d 986 (1982), for the proposition that ‘‘[f]raud, accident, mistake, and sur…
discussed Cited "see" Wells Fargo Bank, N.A. v. Melahn (2×)
Conn. App. Ct. · 2014 · signal: see · confidence high
Jarvis v. Martin, [supra, 21 ]; see Hartford Federal Savings & Loan Assn. v. Stage Harbor Corporation, 181 Conn. 141 , 434 A.2d 341 (1980).” (Internal quotation marks omitted.) Cavallo v. Derby Savings Bank, 188 Conn. 281, 285 , 449 A.2d 986 (1982); see also Hoey v. Investors’Mortgage & Guaranty Co., supra, 230-31.
discussed Cited "see" Message Center Mangt. v. Shell Oil Prod., No. Cv97-0481611s (May 22, 2000) (2×)
Conn. Super. Ct. · 2000 · signal: see · confidence high
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see" Neville v. Collaborative Laboratory, No. Cv 99 0593599s (Apr. 18, 2000) (2×)
Conn. Super. Ct. · 2000 · signal: see · confidence high
See Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 , CT Page 4444 449 A.2d 986 (1982).
discussed Cited "see" Neville v. Collaborative Laboratory, No. Cv 99 0593599s (Apr. 18, 2000) (2×)
Conn. Super. Ct. · 2000 · signal: see · confidence high
See Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
cited Cited "see" Columbia v. Sabo, No. 0060552 (Feb. 2, 1994)
Conn. Super. Ct. · 1994 · signal: see · confidence high
See Cavallo v. Derby Savings Bank, 188 Conn. 281 , 283 , 449 A.2d 6 (1980).
cited Cited "see" Lawall Realty Limited Part. v. Auwood, No. Cv-93-0527050 (Jan. 10, 1994)
Conn. Super. Ct. · 1994 · signal: see · confidence high
See Cavallo v. Derby Savings Bank, 188 Conn. 281 (1982).
cited Cited "see" Garrique v. Greenwich Country Club, No. Cv90-0110271 (Aug. 14, 1991)
Conn. Super. Ct. · 1991 · signal: see · confidence high
See Cavallo v. Derby Savings Bank, 188 Conn. 281 , 286 (1982).
cited Cited "see" Scribner v. Hartford Steel Erectors, Inc., No. 09 32 27 (Jan. 9, 1991)
Conn. Super. Ct. · 1991 · signal: see · confidence high
See Cavallo v. Derby CT Page 638 Savings Bank, 188 Conn. 281 , 285-6 (1982).
discussed Cited "see" Sheiman v. Lafayette Bank & Trust Co. (2×)
Conn. App. Ct. · 1985 · signal: see · confidence high
See Cavallo v. Derby Savings Bank, 188 Conn. 281, 285 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." U.S. Bank National Assn. v. Rothermel. (2×)
Conn. · 2021 · signal: see, e.g. · confidence low
See, e.g., Cavallo v. Derby Savings Bank, 188 Conn. 281, 285 , 449 A.2d 986 (1982) (‘‘[f]raud, accident, mistake, and surprise are recognized grounds for equita- ble interference’’ (internal quotation marks omitted)).
discussed Cited "see, e.g." Leviness v. Klebe Fuel Co., No. Cv 02 0087327s (Jan. 13, 2003)
Conn. Super. Ct. · 2003 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Ouellette v. Ouellette, No. Cv 02-0088367s (Dec. 16, 2002)
Conn. Super. Ct. · 2002 · signal: see also · confidence low
"A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Dsm, Inc. v. Sentry Select Insurance Co., No. Cv 01 0085405s (Mar. 22, 2002)
Conn. Super. Ct. · 2002 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." O'Halloran v. Charlotte Hungerford Hospital, No. 990079084 (Jan. 18, 2002)
Conn. Super. Ct. · 2002 · signal: see also · confidence low
The court is limited "to a consideration of the facts alleged in the complaint. `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Crovo v. Nugent, No. Cv 010085384-S (Jan. 14, 2002)
Conn. Super. Ct. · 2002 · signal: see also · confidence low
A speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Embree-Willis v. Point Properties, No. Cv010084962s (Dec. 28, 2001)
Conn. Super. Ct. · 2001 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd. on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Lawlor v. Travelers Insurance Company, No. Cv 99 0081104 (Jun. 11, 2001)
Conn. Super. Ct. · 2001 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Lawlor v. Travelers Ins. Co., No. Cv990081104 (Jun. 11, 2001)
Conn. Super. Ct. · 2001 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Eastern Acct. Sys. v. So. New Eng. Tel., No. Cv98-033 27 58 S (May 7, 2001)
Conn. Super. Ct. · 2001 · signal: see also · confidence low
"A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995) rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 , 449 A.2d 996 (1982).
discussed Cited "see, e.g." Bankers Trust Co. v. Spear, No. Cv000083602 (Mar. 20, 2001)
Conn. Super. Ct. · 2001 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Cumberland Farms v. Groton, No. Cv 96-0539192 S (Jan. 19, 2001) (2×)
Conn. Super. Ct. · 2001 · signal: see also · confidence low
Co ., 81 Conn. 284 , 286 , 70 A.2d 1021 (1908)." Doe v. Marselle , 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." New Milford Savings Bank v. Zandy, No. Cv 99 0078766s (Jan. 11, 2001)
Conn. Super. Ct. · 2001 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Chadha v. Charlotte Hungerford Hospital, No. Cv 99 0079598s (Nov. 21, 2000)
Conn. Super. Ct. · 2000 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Siebe Environmental v. Johnson-Goodyer, No. Cv 98-058 50 61 S (Oct. 6, 2000) (2×)
Conn. Super. Ct. · 2000 · signal: see also · confidence low
"A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Longmoor v. Langer, No. Cv 00 0082632s (Aug. 22, 2000)
Conn. Super. Ct. · 2000 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Covallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Nelson v. Thomaston Oil, Inc., No. Cv990078798s (Jul. 3, 2000)
Conn. Super. Ct. · 2000 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn, 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
cited Cited "see, e.g." Gray v. City of New Haven, No. Cv99-0430938s (Mar. 27, 2000)
Conn. Super. Ct. · 2000 · signal: see also · confidence low
Doe v. Marselle , 38 Conn. App. 360 , 364 (1995), rev'd. on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Jane Doe One v. Oliver (2×)
Conn. Super. Ct. · 2000 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Jane Doe One Et Al. v. Shannon Oliver Et Al. (2×)
Conn. Super. Ct. · 2000 · signal: see also · confidence low
A ‘speaking’ motion to strike (one imparting facts outside the pleadings) will not be granted.” Doe v. Marselle, 38 Conn. App. 360, 364 , 660 A.2d 871 (1995), rev’d on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281, 285-86 , 449 A.2d 986 (1982).
cited Cited "see, e.g." Wall v. Nodine's Smokehouse, Inc., No. Cv 98-0076969-S (Nov. 8, 1999)
Conn. Super. Ct. · 1999 · signal: see also · confidence low
Doe v. Marselle, 38 Conn. App. 360 , 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Skoczylas v. Waterbury Hospital, No. Cv 99-0152531s (Oct. 8, 1999) (2×)
Conn. Super. Ct. · 1999 · signal: see also · confidence low
Doe v. Marselle , 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 . 675 A.2d 835 (1996); see also Cavallo v. Derby Savings , 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
cited Cited "see, e.g." Mountaindale Condo. v. Town of Thomaston, No. Cv 98 0077033s (Apr. 30, 1999)
Conn. Super. Ct. · 1999 · signal: see also · confidence low
Doe v. Marselle , 38 Conn. App. 360 ,. 364 (1995), rev'd on other grounds, 236 Conn. 845 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 (1982).
discussed Cited "see, e.g." Zimmermann v. Ct. College Gaudiani, No. 544623 (Jul. 2, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
Additionally, this court is limited "to consideration of the facts alleged in the complaint." Doe v. Marselle , 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Grady v. Guerin, No. Cv97-0160239 (Apr. 23, 1998) Ct Page 4957 (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
Nevertheless, when deciding a motion to strike, the court is limited "to a consideration of the facts alleged in the [subject pleading]." Doe v. Marselle, 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Lopiano v. Diacri, No. Cv97 0162467 (Apr. 23, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Beach v. Lieberman, No. Cv97 0158249 S (Apr. 15, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Sector Management v. Taurus Advisory, No. Cv96 0154033 S (Jan. 23, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
"A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Hiltunen v. Hiltunen, Cv97 0157415 (Nov. 13, 1997) (2×)
Conn. Super. Ct. · 1997 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Hall v. Joplin, No. 54 00 24 (Jul. 21, 1997) (2×)
Conn. Super. Ct. · 1997 · signal: see also · confidence low
"A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle , 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995), rev'd on other grounds, 236 Conn. 845 , 675 A.2d 835 (1996); see also Cavallo v. Derby Savings Bank , 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Cummings v. D'oyen, No. Cv94 31 83 10 S (May 3, 1996) (2×)
Conn. Super. Ct. · 1996 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 , 660 A.2d 871 , cert. granted, 235 Conn. 915 , 665 A.2d 606 (1995); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
discussed Cited "see, e.g." Schwimmer v. Randall, No. Cv 31 62 10 (Dec. 1, 1995) (2×)
Conn. Super. Ct. · 1995 · signal: see also · confidence low
A `speaking' motion to strike (one imparting facts outside the pleadings) will not be granted." Doe v. Marselle, 38 Conn. App. 360 , 364 , 660 A.2d 871 (1995); see also Cavallo v. Derby Savings Bank, 188 Conn. 281 , 285-86 , 449 A.2d 986 (1982).
Frank Cavallo Et Al.
v.
Derby Savings Bank Et Al.
Supreme Court of Connecticut.
Sep 7, 1982.
449 A.2d 986
William F. Gallagher, with whom were David Ertman and, on the brief, Elisabeth A. Dorsey, for the appellants (plaintiffs)., Wesley W. Horton, with whom was David J. Wenc, for the appellee (defendant David Lewis, Trustee).
Speziale, Peters, Healey, Parskey, Shea.
Cited by 228 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 62%
Citer courts: Connecticut Superior Court (2)
Speziale, C. J.

The issue presented in this case is whether one who does not appeal a judgment of strict foreclosure may use the new trial statute [1] as a substitute for an appeal without showing fraud, accident, or neglect.

On March 3,1980, a judgment of strict foreclosure was entered on real property of the plaintiffs-appellants, Prank and Dena Cavallo, in an action entitled Small Business Investment Co. v. Cavallo. 2 The plaintiffs did not appeal from that judgment, nor did they redeem the property by their law day, July 22, 1980. The property was redeemed by the defendant-appellee David Lewis on July 24, 1980.[*283] On September 23, 1980, the plaintiffs filed this action, asking for a new trial, a declaratory judgment vacating and rendering void the foreclosure judgment, and temporary injunctive relief against the execution of the foreclosure judgment. The basis of the complaint was that the foreclosure judgment was inequitable due to fraud, accident, mistake, and the resulting failure to present a just defense to the foreclosure action. The defendant Lewis made a motion to strike the complaint. The trial court, Cretella, J., ruled the complaint did not allege any facts which would “bring the instant case within any of the recognized grounds for such equitable relief,” and granted the motion to strike the complaint. The plaintiffs failed to plead over and the trial court, Mancini, J., rendered judgment for the defendant Lewis from which the plaintiffs appealed. [3]

The purpose and scope of a motion to strike are identical to those of a demurrer under the old rules of practice; Governor’s Grove Condominium, Assn., Inc. v. Hill Development Corporation, 36 Conn. Sup. 144, 145, 414 A.2d 1177 (1980); and “[w]here an appeal is taken from a judgment following the granting of a motion to strike, we take the facts to be those alleged in the amended complaint construed in a manner most favorable to the pleader. Sheets v. Teddy’s Frosted Foods, Inc., 179 Conn. 471, 427 A.2d 385 [1980]; Stradmore Development Corporation v. Commissioners, 164 Conn. 548, 550-51, 324 A.2d 919 [1973]; Senior v. Hope, 156 Conn. 92, 97, 239 A.2d 486 [1968]; Rossignol v. Danbury School [*284] of Aeronautics, Inc., 154 Conn. 549, 557, 227 A.2d 418 [1967].” Amodio v. Cunningham, 182 Conn. 80, 82-83, 438 A.2d 6 (1980).

The essential allegations of the complaint are as follows: The foreclosure action was brought on October 16, 1979, by the Small Business Investment Company. In December, 1979, the plaintiffs hired an attorney to represent them in the foreclosure action. Sometime in early 1980, the department of children and youth services indicated to the plaintiffs that the state would intercede with their creditors. Apparently as the result of that assertion, but while the foreclosure action was still pending, the plaintiffs discharged their attorney. In February, 1980, (whether before or after the attorney was discharged is unclear), their attorney told them that he believed counsel for the Small Business Investment Company had agreed to let a judgment hearing go “off” the docket of March 3,1980.

On March 3, 1980, however, a judgment of strict foreclosure was entered against the plaintiffs and law days were set beginning July 22, 1980. The plaintiffs further allege that they did not appear at the hearing. Lewis redeemed the property on July 24, 1980.

“Courts of equity may grant relief from the operation of a judgment when to enforce it is against conscience, and where the appellant had no opportunity to make defense, or was prevented from so doing by accident, or the fraud or improper management of the opposite party, and without fault on his [or her] own part. Folwell v. Howell, 117 Conn. 565, 169 A. 199 [1933]; Dante v. Dante, 93 Conn. 160, 105 A. 353 [1919]; Jarvis v. Martin, 77 Conn. 19, 58 A. 15 [1904]; Smith v. Hall, 71 Conn. 427, 42[*285] A. 86 [1899]; Carrington v. Holabird, 17 Conn. 530, 537 [1846], 19 Conn. 83, 87 [1846]....” Hoey v. Investors’ Mortgage & Guaranty Co., 118 Conn. 226, 230, 171 A. 438 (1934). “Fraud, accident, mistake, and surprise are recognized grounds for equitable interference, when one, without his [or her] own negligence, has lost an opportunity to present a meritorious defense to an action, and the enforcement of the judgment so obtained against him [or her] would be against equity and good conscience, and there is no adequate remedy at law.” Lithuanian Brotherhelp Society v. Tunila, 80 Conn. 642, 645, 70 A. 25 (1908). “Equity will not, save in rare and extreme cases, relieve against a judgment rendered as the result of a mistake on the part of a party or his [or her] counsel, unless the mistake is ‘unmixed with negligence,’ or . . . ‘unconnected with any negligence or inattention on the part of the judgment debtor ....’” Jarvis v. Martin, 77 Conn. 19, 21, 58 A. 15 (1904); see Hartford Federal Savings & Loan Assn. v. Stage Harbor Corporation, 181 Conn. 141, 434 A.2d 341 (1980).

The complaint shows that the plaintiffs dismissed their attorney while the action was still pending, failed to attend a scheduled judgment hearing, failed to appeal the judgment of foreclosure, and failed to redeem the property on their law day. The complaint alleges no fraudulent conduct by a party. What is most clearly shown is the plaintiffs’ failure to take any action to challenge the foreclosure judgment itself or to seek other relief until after their law day. The trial court found that the allegations of fraud, mistake, accident, and improper management were “merely conclusions of law and absent sufficient alleged facts to support them, are subject to a motion to strike.” We agree. The trial court[*286] may not seek beyond the complaint for facts not alleged; see Ivler v. Stanton, 161 Conn. 568, 570, 287 A.2d 742 (1971); and this court will not.

There is no error.

In this opinion the other judges concurred.

1

“[General Statutes] Sec. 52-270. causes for which new triads may be granted. The superior court may grant a new trial of any cause that may come before it, for mispleading, the discovery of new evidence or want of actual notice of the suit to any defendant or of a reasonable opportunity to appear and defend, when a just defense in whole or part existed, or the want of actual notice to any plaintiff of the entry of a nonsuit for failure to appear at trial or dismissal for failure to prosecute with reasonable diligence, or for other reasonable cause, according to the usual rules in such eases. The judges of the superior court may in addition provide by rule for the granting of new trials upon prompt request in eases where the parties or their counsel have not adequately protected their rights during the original trial of a cause.”

2

Small Business Investment Co. v. Cavallo, Superior Court, judicial district of New Haven, Docket No. 79-0175088 S, July 24, 1980. Later proceedings in that case are the subject of a companion appeal, also decided this day. See Small Business Investment Co. v. Cavallo, 188 Conn. 286, 449 A.2d 988 (1982).

3

Although the judgment file is labeled “partial judgment,” this is a misnomer because effectively the judgment was final as to all parties.