Cerny v. Household Realty Corp., No. 394804 (Nov. 14, 1997)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT (No. 108) Has a release of a mortgage been "delivered" when the mortgagee files it with the appropriate town clerk for recording CT Page 11974 but does not give it to the mortgagor? That is the question presented in this case. For the reasons briefly stated below, there is no categorical answer to this question. The summary judgment documents submitted to the court in this case leave a genuine issue as to material fact. Summary judgment must consequently be denied.