Preston v. O'rourke, No. X07 Cv 99-0071011 S (Mar. 24, 2000)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION The Defendant moves to strike Plaintiffs entire complaint. For the reasons stated, the motion is denied.

The purpose of a Motion to Strike is to challenge the legal sufficiency of a pleading. cf. P.B. 10-39. A claim of absolute immunity from liability for statements made in a quasi-judicial proceeding may be a defense, but does not challenge the legal sufficiency of a complaint. Field v. Kearns, 1993 WI. 108020, at 2 (Conn.Sup. ).

The defense of immunity may be raised by special defense and, therefore, be the subject of a Motion for Summary Judgment. The Court, by way of affidavits, would presumably then have access to both the contract which gave rise to the alleged quasi-judicial proceeding and the arbitrator's decision. cf. P.B. 17-45.

For the foregoing reasons, the Defendant's Motion to Strike on grounds of absolute immunity is denied. CT Page 3867

Thomas A. Bishop, J.

Case Details

Case Name: Preston v. O'rourke, No. X07 Cv 99-0071011 S (Mar. 24, 2000)

Court Name: Connecticut Superior Court

Date Published: Mar 27, 2000

Citation: 2000 Conn. Super. Ct. 3866

Docket Number: No. X07 CV 99-007111 S

Court Abbreviation: Conn. Super. Ct.