Milford Redevelopment & Housing Partnership v. Glicklin, 228 Conn. App. 593 (2024)

Citation: Milford Redevelopment & Housing Partnership v. Glicklin, 228 Conn. App. 593 (2024)
Parent Document: Milford Redevelopment & Housing Partnership v. Glicklin, 228 Conn. App. 593 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-10-15
Original Source: https://www.courtlistener.com/opinion/10136084/milford-redevelopment-housing-... ↗

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we conclude that the court applied the incorrect legal
       standard by improperly placing the burden of proof on
       the plaintiff with respect to the defendant’s unpleaded
       special defense.
         In light of our determinations in part II A and B of
       this opinion, we conclude that the court improperly
       rendered judgment in favor of the defendant on the
       basis of an unpleaded special defense that the court
       concluded the plaintiff failed to disprove. Consequently,
       the court never considered the defendant’s special
       defenses as they were pleaded on her summary process
       answer form.
         The judgment is reversed and the case is remanded
       for a new trial.
         In this opinion the other judges concurred.

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