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LABOW v. LABOW

No. 24156.

858 A.2d 882 (2004)

85 Conn.App. 746

Myrna LaBOW v. Ronald LaBOW.

Appellate Court of Connecticut.

Decided November 2, 2004.

Attorney(s) appearing for the Case

Nathalie Feola-Guerrieri, with whom were Myrna LaBow, pro se, and, on the brief, Daniel Shepro, Stratford, for the appellant (plaintiff).

Gwen E. Adamson, for the appellee (defendant).

LAVERY, C.J., and McLACHLAN and BERDON, Js.

McLACHLAN, J.

The plaintiff, Myrna LaBow, appeals from the judgment of the trial court dismissing her fraud action, brought pursuant to General Statutes § 52-592(a), the accidental failure of suit statute, against the defendant, Ronald LaBow. She claims that (1) the defendant improperly used a motion to dismiss to challenge the applicability of the accidental failure of suit statute and (2) the court improperly determined that the statute was inapplicable.

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