No. CV95 0149186 S
May 28, 1997
MEMORANDUM OF DECISION RE: MOTION TO DISMISS (#107)
Pursuant to Practice Book § 160, if a defendant intends to controvert the capacity of a corporate plaintiff to maintain a suit, the proper procedural vehicle to raise that issue is by way of a special defense in his answer. United States Trust Co. of New York v. DiGhello, 179 Conn. 246, 249, 425 A.2d 1287 (1979). "It is thus clear that an attack on the corporate capacity of a plaintiff to sue must be raised by way of special defense." (Emphasis added.) Id. Accordingly, defendant Kritikos's motion to dismiss (#107), on the ground that the plaintiff lacks capacity to sue pursuant to General Statutes § 33-412 (now § 33-921), is denied.