DEBORAH KOCHISS FRANKEL, JUDGE.
This is an action regarding a breach of contract between the plaintiff and a condominium association.
The defendant has filed a Motion to Strike (motion #101) Count Two of the plaintiff's complaint which alleges a claim for intentional breach of contract.
DISCUSSION OF THE LAW
The function of a motion to strike is to test the legal sufficiency of a pleading. Practice Book § 10-39; Ferryman v. Groton, 212 Conn. 138, 142, 561 A.2d 432 (1989); Mingachos v. CBS, Inc., 196 Conn. 91, 108, 491 A.2d 368 (1985). In deciding a motion to strike the trial court must consider as true the factual allegations, but not the legal conclusions set forth in the complaint. Liljedahl Bros., Inc. v. Grigsby, 215 Conn. 345, 348, 576 A.2d 149 (1990); Blancato v. Feldspar Corp., 203 Conn. 34, 36, 522 A.2d 1235 (1987).
The court should view the facts in a broad fashion, not strictly limited to the allegations, but also including the facts necessarily implied by and fairly provable under them. Dennison v. Klotz, 12 Conn.App. 570, 577, 532 A.2d 1311 (1987), cert. denied, 206 Conn. 803, 535 A.2d 1317 (1988). In ruling on a motion to strike, the court must take as admitted all well-pled facts, and those necessarily implied thereby, and construe them in the manner most favorable to the pleader. Norwich v. Silverberg, 200 Conn. 367, 370, 511 A.2d 336 (1986). A motion to strike is an appropriate means of presenting to the court legal issues at the onset of litigation. Gordon v. Bridgeport Housing Authority, 208 Conn. 161, 170, 544 A.2d 1185 (1988).
Court Two of the complaint states . . . "the defendant Lake Forest CT Page 3226 Association intentionally breached the lease agreement . . ."
"An allegation that a contract was breached "intentionally" asserts no more than a contract claim. The bald allegation that the contract was "tortuously" breached is too general and conclusory to survive a motion to strike because it fails to state what tort has been committed." Silano v. Granfors, Superior Court, judicial district of Fairfield at Bridgeport, Docket No. CV 02-0395209S (February 27, 2004, Stevens, J.) (36 Conn. L. Rptr 591) at page 2623.
Therefore the Motion to Strike is granted. CT Page 3227