3 Conn. Cir. Ct. 495 | Conn. App. Ct. | 1965
On this appeal the sole question is whether the court erred in rendering a summary judgment.
It is alleged in the amended complaint that the plaintiff rendered medical services to the defendant’s decedent of a stated value, that demand for payment had been made, that the defendant failed to pay for the services and that within the time allowed by the Probate Court for the presentation
The plaintiff did not file any opposing affidavit but filed a reply alleging that the notice of disallowance was insufficient and uncertain so as not to bring the Statute of Limitations into play. The plaintiff also filed with the court, attached to his memorandum in opposition to the motion for summary judgment, copies of the July 23 and August 6 letters of dis-allowance, each of which unequivocally stated that any and all of the plaintiff’s claims were disallowed.
“Summary judgment procedure is designed to dispose of actions in which there is no genuine issue
Our Statute of Nonclaim, as it is commonly called, provides that the Probate Court shall limit the time for creditors to present their claims against a solvent estate and debars a creditor of his claim if he does not present it within the time so limited. General Statutes § 45-205. A creditor whose claim has been presented and disallowed by the executor or administrator has four months from the date of disallowance in which to commence suit on his claim. General Statutes § 45-210. This statute supersedes and supplants the ordinary Statute of Limitations. Robbins v. Coffing, 52 Conn. 118, 142; Caulfield v. Green, 73 Conn. 321, 325. To bring a claim within the operation of this statute, the executor or administrator is required to give a written notice of dis-allowance “sufficiently unequivocal to put the claimant on notice that his claim is rejected and that an adjudication by commissioners or a court is necessary to establish it.” International Tool & Gauge Co. v. Borg, 145 Conn. 644, 646; Bradley v. Vail, 48 Conn.
The plaintiff argues, however, that the notice of disallowance must state the four-month time limit in which to bring suit. There is no merit to this argument. There is nothing in the statute or the decisions expressly or inferentially requiring such statement. The sole requirement is an unequivocal disallowance.
There is no error.
In this opinion Kinmonth and Levine, Js., concurred.