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BRISTOL SHOPPING PLAZA, INC. v. VIGILANTE CLEANERS, INC., ET AL.

MEMORANDUM OF DECISION RE SECOND MOTION TO STRIKE BY CALED PRODUCTS

O'NEILL, J.

Third party defendant Caled Products moves to strike the Sixteenth and Eighteenth counts of the amended third party complaint of 12/20/89 as legally insufficient.

In spite of the Halloran Sage Memorandum of Law dated July 2, 1990, the court finds that a memorandum of law was filed on behalf of Vigilante Cleaners, Inc., Vigilante Saccol and Pauline Saccol, as required by our practice book.

I. Re Sixteenth Count

This court alleges a cause of action under C.G.S. 52-572m.

II. Re Eighteenth Count CT Page 1741

The statute Caled relies on, C.G.S. 22a-452 (a), provides that only a "person, firm, corporation or municipality which contains or removes or otherwise mitigates the effects of [various kinds of waste] resulting from [various kinds of intrusion] shall be entitled to reimbursement from [a negligent party] for the reasonable costs expended [for the clean-up]." None of that is alleged in the Eighteenth Count and it must be stricken.

Motion denied as to Sixteenth Count and granted as to Eighteenth Count.

N. O'Neill, J.

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BRISTOL SHOPPING PLAZA v. VIGILANTE CLEANERS, No. 338958 (Sep. 4, 1990)
(Sep 4, 1990)