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New Haven Savings Bank v. Gurland

Appellate Court of Connecticut
Apr 9, 1985
3 Conn. App. 508 (Conn. App. Ct. 1985)

Opinion

(2660)

Argued February 21, 1985

Decision released April 9, 1985

Action for strict foreclosure of a mortgage, brought to the Superior Court in the judicial district of New Haven and tried to the court, Cretella, J.; judgment of strict foreclosure; after the court had granted two motions to open the judgment and extend the law day, the court, Zoarski, J., rendered judgment denying the named defendant's subsequent motion to reopen the judgment and further extend the law day, from which the named defendant appealed to this court. No error.

Roy H. Scharf for the appellant (named defendant).

Roger J. Frechette, for the appellee (plaintiff).


In this action for foreclosure of a mortgage, the named defendant has appealed from the trial court's denial of his third motion to "reopen judgment and extend law day." "A motion to open a judgment of strict foreclosure is addressed to the discretion of the trial court; see General Statutes 49-15; and `"unless that discretion was abused or was based upon some error in law, the denial of the motion must stand." Carrington v. Muhlfeld, 122 Conn. 334, 337, 189 A.2d 184.' Sebastiano v. Corde, 171 Conn. 324, 325-26, 370 A.2d 946 (1976)." Melillo v. Spiro, 187 Conn. 333, 334, 445 A.2d 921 (1982). The named defendant has failed to show that the trial court abused its discretion or that its exercise of discretion was based on an error in law.


Summaries of

New Haven Savings Bank v. Gurland

Appellate Court of Connecticut
Apr 9, 1985
3 Conn. App. 508 (Conn. App. Ct. 1985)
Case details for

New Haven Savings Bank v. Gurland

Case Details

Full title:NEW HAVEN SAVINGS BANK v. RICHARD S. GURLAND ET AL

Court:Appellate Court of Connecticut

Date published: Apr 9, 1985

Citations

3 Conn. App. 508 (Conn. App. Ct. 1985)
489 A.2d 1070

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