Fairfaxx Corp. v. Law Audit Services, No. Cv98 35 04 74 (Jul. 9, 1998)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION REOUEST TO REVISE # 109

The plaintiff has filed a request to revise seeking to delete the defendant's special defense of estoppel on the ground that it is improperly raised as a special defense pursuant to Practice Book § 164, now Practice Book (1998 Rev.) § 10-50.

"[T]he rule that requires an estoppel to be specially pleaded . . . is archaic . . . and has not been the law for over a century." (Citation omitted.) Allied Grocers Cooperative, Inc.v. Caplan, 30 Conn. App. 274, 278, 620 A.2d 165…