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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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"Although the court must view the inferences to be drawn from the facts in the light most favorable to the party opposing the motion ... a party may not rely on mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment.... A party opposing a motion for summary judgment must substantiate its adverse claim by showing that there is a genuine issue of material fact together with the evidence disclosing the existence of such an issue." (Citation omitted; internal quotation marks omitted.) Altfeter v. Naugatuck, supra, 53 Conn.App. at 801, 732 A.2d 207. "Equally well settled is that the trial court does not sit as a trier of fact when ruling on a motion for summary judgment.... [T]he trial court's function is not to decide issues of material fact, but rather to determine whether any such issues exist." (Internal quotation marks omitted.) Field v. Kearns, 43 Conn.App. 265, 270, 682 A.2d 148, cert. denied, 239 Conn. 942, 684 A.2d 711 (1996). I THE SUBSTANTIVE LAW