Dime Savings Bank of New York, F.S.B. v. Wu

Full title: DIME SAVINGS BANK OF NEW YORK, F.S.B. v. PETER Z. WU ET AL

Court: Appellate Court of Connecticut

Date published: Apr 12, 1994

34 Conn. App. 901 (Conn. App. Ct. 1994)

640 A.2d 164

Opinion

(12130)

Submitted on briefs February 28, 1994

Decision released April 12, 1994

Action to foreclose a mortgage on certain real property, brought to the Superior Court in the judicial district of Stamford-Norwalk, where the named defendant et al. filed a counterclaim; thereafter, the court, Lewis, J., granted the plaintiff's motion for summary judgment if strict foreclosure, from which the named defendant et al. appealed to this court. Affirmed.

Paul L. Bollo, filed a brief for the appellant (named defendant et al.).

Robert G. Golger, filed a brief for the appellee (plaintiff).

PER CURIAM.

In this foreclosure action, the reliance by the defendants Peter Z. Wu and Judy M. Wu (defendants) on the case of Cummings Lockwood v. Gray, 26 Conn. App. 293, 600 A.2d 1040 (1991), for the proposition that the trial court improperly granted summary judgment for the plaintiff on both the complaint and the counterclaim is misplaced.

In Cummings Lockwood, the motion for summary judgment was specifically directed to the complaint while here, the plaintiff made a general motion for summary judgment which allowed the court also to resolve the issue of the counterclaim which it properly did.

We have also fully reviewed the record and briefs as to the other claims of the defendants and find them to be without merit.