Bank of America, N.A. v. Timothy G. Fay

Syllabus

The defendants, Timothy Fay and David Patrick, appealed from the entry of final judgment in favor of the plaintiff, Bank of America, asserting that three errors were made by the hearing justice. First, the defendants argued that the hearing justice erred in granting summary judgment in favor of the bank as to the defendants' liability as guarantors. Second, the defendants asserted that the hearing justice erred in granting summary judgment in favor of the bank by finding that the defendants were bound by the Connecticut Superior Court's deficiency calculation. Third, the defendants contended that the hearing justice erred in failing to conduct a hearing on Fay's motion to amend his answer. The Supreme Court first held that the hearing justice did not err in granting summary judgment in favor of the bank as to the defendants' liability under the guaranty. The Supreme Court further held that the defendants were bound by the Connecticut Superior Court's deficiency calculation. Finally, the Supreme Court held that the hearing justice did not err in failing to conduct a hearing on Fay's motion to amend his answer. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.