Alfa Serv. v. Gabrielli Truck Sales, No. Cv90 0112766 S (Apr. 8, 1993) , 1993 Conn. Super. Ct. 3124 ( 1993 )

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION RE: MOTION TO STRIKE Motion to strike (#175) counts Two, Four, Five, Six, Seven, Eight, Nine and Ten on the following grounds: (1) defense of release must be pleaded as a special defense (Practice Book 164) and the existence, validity and effect of a release cannot be injected into a complaint by a motion to strike; (2) allegations CT Page 3124-A of count Nine assert more than a breach of contract and are sufficient to allege a CUTPA claim; and (3) the allegations of count Two are sufficient to allege a duty under Practice Book 110

RUSH, J.