Amity Apartments, Inc. v. Martin

This case has an unusual procedural history. On March 21,1969, the plaintiff obtained a judgment in summary process; on March 26, 1969, the defendant took a timely appeal to the Appellate Division. On January 26, 1970, the plaintiff filed in this court a motion for leave to withdraw the action. We held that the “motion for leave to withdraw the action should be addressed to the trial court, and not to the Appellate Division.” Amity Apartments, Inc. v. Martin, 6 Conn. Cir. Ct. 168. We pointed out that “only the trial court possesses the power to open, set aside, vacate or modify the judgment .…