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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Middlesex Mutual Assurance Co. v. Vaszil, 873 A.2d 1030 (2005)

Citation
Middlesex Mutual Assurance Co. v. Vaszil, 873 A.2d 1030 (2005)
Parent Document
Middlesex Mutual Assurance Co. v. Vaszil, 873 A.2d 1030 (2005)
Jurisdiction
Connecticut (state)
Effective Date
2005-06-07

Other Sections in This Document (108)

Full Text

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The majority sets forth the well-known general rule that applies to motions for summary judgment; Practice Book § 17-49; but omits the tenets that inform the standard that applies to such motions. "The party seeking summary judgment has the burden of showing the absence of any genuine issue [of] material facts which, under applicable principles of substantive law, entitle him to a judgment as a matter of law ... and the party opposing such a motion must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact." (Citation omitted; emphasis added; internal quotation marks omitted.) Altfeter v. Naugatuck, 53 Conn.App. 791, 800, 732 A.2d 207 (1999). "The issue must be one which the party opposing the motion is entitled to litigate under [its] pleadings and the mere existence of a factual dispute apart from the pleadings is not enough to preclude summary judgment." (Internal quotation marks omitted.) New Milford Savings Bank v. Roina, 38 Conn.App. 240, 245, 659 A.2d 1226, cert. denied, 235 Conn. 915, 665 A.2d 609 (1995). "The test is whether a party would be entitled to a directed verdict on the same facts.... The purpose of a complaint ... is to limit the issues at trial, and it is calculated to prevent surprise.... It must provide adequate notice of the facts claimed and the issues to be tried.... In order to surmount a motion for summary judgment, a party must demonstrate that there exists a genuine issue *1037 of material fact.... Demonstrating a genuine issue requires a showing of evidentiary facts or substantial evidence outside the pleadings from which material facts alleged in the pleadings can be warrantably inferred." (Citations omitted; internal quotation marks omitted.) Id., at 244, 659 A.2d 1226.