Gordon v. Tufano

My only reason for writing separately is simply to clarify what I understand to be the effect of the remand directing that the action be dismissed. I would have preferred that we simply direct that judgment enter for the defendant, following the precedent of Simonelli v. Fitzgerald, 156 Conn. 49, 238 A.2d 418 (1968), in which such a judgment of the trial court rendered in a similar case was affirmed on appeal.

“Dismissal” is a word applied to the termination of an action in a variety of contexts and it imports different legal consequences. Jenkins v. Ellis, 169 Conn. 154, 159, 362 A.2d 831…