Bylykbashi v. Public Service Ins. Co., Docket No. 16-6071062 (Conn. Sup. Ct., June 3, 2019)

Plaintiff sought $200,000 in damages based on his allegation that the insured premises sustained water damage as a result of roof leaks. Public Service Insurance Company obtained a nonsuit, which is a judgment rendered against a party in a legal proceeding upon his inability to maintain his cause in court, or when he is in default in prosecuting his case or in complying with court orders.  An order of nonsuit terminates the action unless the plaintiff moves to reopen it. In this case, plaintiff moved to lift the nonsuit, which the court denied pursuant to Connecticut General Statutes § 52-212 on the ground that a motion to set aside a judgment of nonsuit must be filed within four months of the date judgment was rendered and must establish that a good cause of action existed when the judgment of nonsuit was entered and that the plaintiff was prevented from prosecuting the case because of mistake, accident or other reasonable cause. Here, the motion was filed 16 months after the entry of nonsuit.

Public Service Insurance Company was represented by partner Kevin F. Buckley and special counsel Jodi S. Tesser.