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BANK OF STAMFORD v. ALAIMO

(10817)

31 Conn. App. 1 (1993)

BANK OF STAMFORD v. ROSARIA ALAIMO ET AL.

Appellate Court of Connecticut.

Decision released April 13, 1993.

Attorney(s) appearing for the Case

Jules Lang, for the appellant (named defendant).

Scott M. Harrington, with whom, on the brief, was Ellery E. Plotkin, for the appellee (substitute plaintiff).

Reuben S. Midler, for Richard Testa (defendant).

O'CONNELL, LAVERY and SCHALLER, JS.

LAVERY, J.

The issue presented by this case is whether a defendant, in a hearing on a motion for deficiency judgment after a judgment of foreclosure has entered, the law days have passed, and title has vested, can raise defenses that could have been raised and decided in the foreclosure hearing, but were not. The trial court answered this question in the negative and we agree.

The plaintiff1 was the holder of a note that was signed...

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