Opinion
(5529)
Argued December 16, 1987
Decision released January 5, 1988.
Action to recover medical payments made under the state's medical assistance program to the defendant's decedent, brought to the Superior Court in the judicial district of New Haven at Meriden, where the defendant filed a counterclaim; thereafter, the court, Nash, J., granted the plaintiff's motion to dismiss the defendant's counterclaim and rendered judgment thereon, from which the defendant appealed to this court. No error.
Marc Ford Greene, with whom, on the brief, was F. Woodward Lewis, Jr., for the appellant (defendant).
Patricia M. Strong, assistant attorney general, with whom, on the brief, was Joseph I. Lieberman, attorney general, for the appellee (state).
The defendant administratrix of the estate of William Smith appeals from the judgment of the trial court dismissing her counterclaim.
Our study of the record, transcripts and briefs, along with our review of applicable law, fails to disclose that the trial court abused its discretion in concluding that the defendant's counterclaim presented substantially different issues of fact and law. Nor does our study show that separate trials would require almost no duplication of effort. See, e.g., Conservation Commission v. Price, 193 Conn. 414, 433, 479 A.2d 187 (1984); Wallingford v. Glen Valley Associates, Inc., 190 Conn. 158, 161, 459 A.2d 525 (1983); Jackson v. Conland, 171 Conn. 161, 166-67, 368 A.2d 3 (1976).