If there are two or more plaintiffs or defendants in any action, one or more of whom die before final judgment, and the cause of action survives to or against the others, the action shall not abate by reason of the death. After the death is noted on the record, the action shall proceed.
(1949 Rev., S. 8338; P.A. 82-160, S. 257.)
History: P.A. 82-160 rephrased the section.
Cited. 22 C. 67. Where defendants are jointly and severally liable and one dies, proper method is to suggest death on record and proceed with action. 91 C. 348.
Cited. 46 CA 150. In foreclosure action in which both defendant and decedent were named, this section, rather than Sec. 52-599 or 52-325, applies. 165 CA 144.
Cited. 5 Conn. Cir. Ct. 122.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1997–2021 · leading case:
HSBC Bank USA v. Lahr, 138 A.3d 1064 (Conn. App. Ct. 2016).
HSBC Bank USA v. Lahr, 138 A.3d 1064 (Conn. App. Ct. 2016).
· cites it 10× “Following oral argument before this court, we ordered the parties to file supplemental briefs to *149 address the applicability and effect of General Statutes § 52-600 in the present case.”
Warner v. Lancia, 698 A.2d 938 (Conn. App. Ct. 1997).
· cites it 4× “We commence our analysis by noting that this issue does not pertain to the defendant Winslow. The case against him could have proceeded regardless of whether Kordiak’s executrix was ever substituted as a party defendant.”
Rocque v. DeMilo & Co., 857 A.2d 976 (Conn. App. Ct. 2004).
· cites it 3× “General Statutes § 52-600 provides: “If there are two or more plaintiffs or defendants in any action, one or more of whom die before final judgment, and the cause of action survives to or against the others, the action shall not abate by reason of the death.”
Cocchia v. Testa, 261 A.3d 90 (Conn. App. Ct. 2021).
· cites it 2× “Such a rule would be wholly inconsistent, for example, with General Statutes § 52-600, which provides in relevant part: ‘‘If there are two or more plaintiffs or defendants in any action, one or more of whom die before final judgment, and the cause of action survives to or…”
Follacchio v. Follacchio, 4 A.3d 1251 (Conn. App. Ct. 2010).
· cites it 2× “2d 976 (2004) (applying General Statutes § 52-600 in concluding that upon death of defendant, action not abated but continued as to remaining codefendants).”
Young v. Young, 49 A.3d 308 (Conn. App. Ct. 2012).
“*646 I The defendant argues that the court’s May, 2007judg-ment found for the defendant on the complaint and ordered, pursuant to the defendant’s counterclaim, a partition of the parties’ interests in the Lynne Terrace property and a sale pursuant to § 52-600. The defendant…”
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