470 A.2d 720 | Conn. Super. Ct. | 1983
The plaintiffs bring this action pursuant to General Statutes §§
The defendant moves to strike the complaint because (1) it fails to state a claim upon which relief can be granted, and (2) another action involving the same issues and parties is presently pending in our Supreme Court. For the purposes of deciding a motion to strike, the court is limited to the well pleaded facts of the complaint, which must be assumed to be true for the purposes of the motion. England v. Coventry,
The plaintiffs in the present action request declaratory relief under the provisions of General Statutes §
The plaintiffs in their complaint do not allege that another action between the parties is pending. The defendant raises such facts by way of a request for admissions and by way of attachments to its brief. Where facts are alleged which are not within the complaint, they are extraneous and of no import for the *102
purposes of a motion to strike. Tilo Co. v. Fishman,
If the first action, however, was an appeal under the provisions of General Statutes §
The motion to strike is denied.