Section 232-a

Citation: Section 232-a
Parent Document: Waterbury Twin, LLC v. Renal Treatment Centers-Northeast, Inc., 974 A.2d 626 (2009)
Jurisdiction: Connecticut (state)
Effective Date: 2009-07-14
Original Source: https://www.courtlistener.com/opinion/1539908/waterbury-twin-llc-v-renal-trea... ↗

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[16] The dissent attempts to distinguish this case law by arguing that these cases involved dismissals of previously filed summary process actions, rather than voluntary withdrawals of those actions. See Nicolaides v. Division of Housing & Community Renewal, 231 App. Div.2d 723, 724, 647 N.Y.S.2d 866 (1996); Kaycee West 113th Street Corp. v. Diakoff, supra, 160 App. Div.2d at 573, 554 N.Y.S.2d 216; Haberman v. Wager, supra, 73 Misc.2d at 734, 342 N.Y.S.2d 405. We disagree, because under the case law applying § 52-80, the statute that governs withdrawals of civil actions, the dissent points to a distinction without a difference. See Sicaras v. Hartford, 44 Conn.App. 771, 775, 692 A.2d 1290 ("[w]ithdrawals are analogous to final judgments"), cert. denied, 241 Conn. 916, 696 A.2d 340 (1997); see also Lusas v. St. Patrick's Roman Catholic Church Corp., 123 Conn. 166, 170, 193 A. 204 (1937) ("[t]he situation as regards the jurisdiction of the court to proceed further in the matter after an action has been voluntarily withdrawn is strictly analogous to that presented after the rendition of a final judgment or the erasure of a case from the docket"); Housing Authority v. Hird, supra, 13 Conn.App. at 157, 535 A.2d 377 (same).

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