Myshkina v. Gusinski

Citations

• 217 Conn. App. 376

Syllabus

Pursuant to the rules of practice (§ 17-25 (b) (1)), an affidavit of debt in support of a motion for default and judgment must be signed by ''the plaintiff or by an authorized representative of the plaintiff who is not the plaintiff's attorney.'' The plaintiff sought to recover damages from the defendant for his breach of a promissory note. The trial court granted the plaintiff's motion to default the defendant for failure to appear. Subsequently, the plaintiff filed a motion for judgment based on the defendant's failure to appear, which was signed the plaintiff's counsel, G. G also signed an affidavit of debt in support of the motion. The trial court granted the motion for judgment and rendered judgment in favor of the plaintiff, from which the defendant appealed to this court. Held that the trial court, in render- ing the judgment, improperly relied on the affidavit of debt signed by G in contravention of Practice Book § 17-25; in the present case, because it was undisputed that the only affidavit of debt filed in support of the plaintiff's motion was signed by G, the court should have denied the motion for failing to comply with § 17-25 (b) (1) or required the submis- sion of additional information pursuant to § 17-25 (c), and it did neither. Argued November 7, 2022—officially released January 24, 2023