DiPasquale Construction Corp. v. Zinnert

The defendants appeal from the judgment of the trial court granting the plaintiff’s motion for a disciplinary nonsuit of the defendants’ counterclaim because they did not file a substitute pleading after one count of their counterclaim and five special defenses were stricken pursuant to Practice Book § 157.1 The sole issue on appeal is whether Practice Book § 157 requires that a party file a substitute pleading when less than the entire pleading has been stricken. We hold that it does not.

The facts relevant to this appeal are not in dispute. The plaintiff filed a two count complaint alleging…