The defendant Michael Bourassa, both in his individual capacity and as president of the defendant Stage Harbor Corporation, executed a promissory note in favor of the plaintiff, Hartford Federal Savings and Loan Association, in the principal amount of $190,600 in order to obtain financing for the construction of four single family dwellings on property located in Marlborough. The note provided that the principal amount would be paid over to Stage Harbor “in installments as the work progresses, the time and amount of each advancement to be at the sole discretion and upon the estimate of said holder.” To secure the note, Stage Harbor executed a mortgage deed in favor of the plaintiff on the four parcels of land upon which the dwellings were to be constructed.
Upon default of payment, Hartford Federal Savings and Loan Association commenced the present foreclosure action seeking money damages in the amount of $94,800 plus late charges, interest and reasonable attorneys’ fees. The complaint named as a defendant Country Lumber, Inc., along with several other parties, all of whom allegedly possessed an interest in the subject properties subordinate to the interest of the plaintiff. On December
The defendant Country Lumber claims error in the failure of the trial court to open the judgment of strict foreclosure. “Whether proceeding under the common law or a statute, the action of a trial court in granting or refusing an application to open a judgment is, generally, within the judicial discretion of such court, and its action will not be disturbed on appeal unless it clearly appears that the trial court has abused its discretion. See
Freccia
v.
Martin,
Country Lumber also challenges the constitutionality of the lis pendens statute; General Statutes § 52-325; presumably as grounds for setting aside the judgment of foreclosure. In
Kukanskis
v.
Griffith,
In addition, we do not consider the defendant’s claims of error in the judgment in view of the defendant’s failure to disclose a defense. Absent exceptional circumstances, which are not present in this case, this court will not review questions not raised in the trial court.
Bonner
v.
Winter,
There is no error.
Notes
Several of tlie named defendants failed to file an appearance and a default judgment was subsequently rendered against them. Practice Book, 1978, §§ 352, 364.
