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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)

Citation
Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)
Parent Document
Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)
Jurisdiction
Connecticut (state)
Effective Date
1988-07-05

Other Sections in This Document (43)

Full Text

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The purpose of a motion to strike is to “contest . . . the legal sufficiency of the allegations of any complaint ... to state a claim upon which relief can be granted.” Practice Book § 152; Mingachos v. CBS, Inc., 196 Conn. 91, 108, 491 A.2d 368 (1985). In ruling on a motion to strike, the court is limited to the facts alleged in the complaint. King v. Board of Education, 195 Conn. 90, 93, 486 A.2d 1111 (1985). The court must construe the facts in the complaint most favorably to the plaintiff. Amodio v. Cunningham, 182 Conn. 80, 82-83, 438 A.2d 6 (1980). Notwithstanding the procedural posture of a motion to strike, this court has approved the practice of deciding the issue of governmental immunity as a matter of law. See Shore v. Stonington, supra; Wysocki v. Derby, 140 Conn. 173, 175, 98 A.2d 659 (1953); see also Brown v. Branford, 12 Conn. App. 106, 110-11, 529 A.2d 743 (1987).