Ketchale v. Unger, No. 396218 (Jul. 15, 1998)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION

The issue raised by the motion to dismiss before the court is whether the 120 period following the return day within which a defendant may serve an apportionment complaint on a non-party, pursuant to General Statutes § 52-102b, is jurisdictional.1 This court holds that the 120 day period is neither jurisdictional nor mandatory.

On January 15, 1997, the plaintiff, Samantha Ketchale, commenced this action against the defendants Edmund Unger and Barbara Unger. The action was made returnable on…