Opinion
No. CV05-4013778S
November 1, 2005
MEMORANDUM OF DECISION ON MOTION TO DISMISS
Plaintiff filed suit in this matter on June 28, 2005. The summons lists the "Estate of Lydia K. Bloomstone" as the sole plaintiff. Obviously, an estate is not a legal entity which can sue or be sued. Issac v. Mount Sinai Hospital, 3 Conn.App. 598, 602 cert. denied, 196 Conn. 807 (1985).
The complaint itself alleges that "the Plaintiff herein is represented by Ilene Bloomstone and Ann-Julie Bloomstone" who were appointed by the Bloomfield Probate Court as co-administratrixes of the estate in question. These are the individuals who should have been listed on the summons as the plaintiffs. Plaintiff's September 1, 2005 "Motion to Amend Complaint" seeks to correct the summons to correct this defect. Because defendant did not object to the proposed amendment within 15 days of its filing, the amended complaint, including the corrected identification of the proper plaintiffs, is now the operative complaint.
Under all of these circumstances, there can be no reasonable doubt but that the proper parties-plaintiff have been properly identified, and the motion to dismiss is therefore denied. Leger v. Kelly, 142. Conn. 585, 588 (1955); see also, Estate of Olsen v. Circa Builders, LLC, 31 Conn. L. Rptr. 649 (Hartford J.D. 2002) (Wagner, J.T.R.).