Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

Case 3:03-cv-01015-DJS Document 18 Filed 08/30/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
GLEN FALLS INSURANCE COMPANY
a/s/o HAROLD and LAUREN HEINZ, : CIVIL CASE NO. 303 CV 1015 (DJ S)
Plaintiff, :
V. :
COMMAND FORCE SECURITY :
SYSTEMS, INC.
Defendants : August 30, 2004
MOTION FOR SUMMARY JUDGMENT
Pursuant to the Local Rules of the United States District Court of Connecticut, the
Defendant Command Force Security Systems, Inc., by its attorneys, Kaufman Borgeest &
Ryan LLP, hereby moves this Court for an Order, pursuant to FRCP 56, for Summary
Judgment, dismissing Plaintiff s Complaint in its entirety.
As more fully set forth in the attached Affidavit of Carol S. Doty, Esq., Rule 56.1
Statement and Memorandum of Law, Plaintiff s complaint should be dismissed in its
entirety because there exists no material issues of triable fact, in this matter.
The plaintiff s claims are premised on the existence of Connecticut State Statutes,
and National Association Rules and Regulations it alleges govem the installation and
design of fire alarm systems for single-family, residential, pre-existing dwellings.
Plaintiffs expert testified that there are no such statutes, rules or regulations that govern the
*ORAL ARGUMENT IS REQUESTED

Case 3:03-cv-01015-DJS Document 18 Filed 08/30/2004 Page 2 of 3
design or installation of fire alarm systems for this category. As that is the case, there can
be no negligence on the part of the defendant, for failing to comply with the alleged
statutes, and all of the alleged failures of which the plaintiff complains that stem from
" defendant’s violation of statutes and regulations, must similarly be dismissed.
For the foregoing reasons, the defendant respectfully requests that the Court grant
this motion for Summary Judgment and for an Order dismissing the Plaintiffs Complaint
in it entirety, and for any such further relief that the Court deems just and necessary.
Dated: August 30, 2004
New York, New York
_ Yours, etc.,
THE DEFENDAN T I
COMMAND FORCE SECURITY ”
SYSTEMS, INC.
By: if J
Carol S. Doty sq. CT249
KAUFMAN BORGEEST & RYAN LLP
99 Park Avenue — 19th Floor
New York, New York 10016
212-980-9600
212-980-9291 (Facsimile)
cdoty(cQkbrnv.com
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Case 3:03-cv-01015-DJS Document 18 Filed 08/30/2004 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was mailed to the following party of
record postage prepaid this 30th day of August, 2004 as follows:
Attorney Joseph E. Mascaro
Morrison, Mahoney & Miller, LLP
One Constitution Plaza, 10th Floor
Harford, CT 06103
860-616-4441
Carol $;. Doty Q
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