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PAUL LORUSSO v. CARA COUGHLIN.

ORDER

EMMET L. COSGROVE, J.

The motion to strike count one of the complaint is denied. The complaint alleges sufficient conduct that would satisfy the partial performance exception to the Statute of Frauds. See H. Pearce Real Estate Co. v. Kaiser, 176 Conn. 442, 443 (1979). The complaint further alleges facts that would be inconsistent with describing the relationship between the plaintiff and the defendant as a contractor and an owner but rather would be consistent with a romantic relationship with plans for a joint economic future. The plaintiff alleges that he lived in the residence and shared expenses of maintaining the premises, that he and the defendant applied for a line of credit to pay for the work he was performing on the premises.

The motion to strike count two of the complaint is denied. The court finds that the facts alleged by the complaint remove it from the ambit of the Home Improvement Contractors Act, Gen. Stat. 20-418 et seq. The above allegations are inconsistent with the conclusion that the plaintiff was engaged in home improvement contracting activities for the purposes of a motion to strike.

CT Page 12799

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LORUSSO v. COUGHLIN, No. CV 06 5006772 S (Aug. 1, 2007)
(Aug 1, 2007)