Milford Redevelopment & Housing Partnership v. Glicklin

Citations

• 228 Conn. App. 593

Syllabus

The plaintiff public housing authority appealed from the judgment of the trial court for the defendant in its summary process action. It claimed, inter alia, that the court improperly raised, sua sponte, the unpleaded special defense of cure to defeat its action. Held: The trial court had subject matter jurisdiction to hear the plaintiff's summary process action, as, contrary to the defendant's claim, the plaintiff's pretermi- nation notice to her was not jurisdictionally or legally defective. The trial court improperly considered the special defense of cure in rendering judgment for the defendant, as the defendant did not plead that special defense. The trial court applied an incorrect legal standard by improperly placing the burden of proof on the plaintiff with respect to the defendant's unpleaded special defense. Argued May 29—officially released October 15, 2024