`
`SUPERIOR COURT
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`ORDER 431197
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`VIGILANT INSURANCE COMPANY A/S/O
`LISA GABRIELE DIP Et Al
`
` V.
`PSA METAL SHEET, LLC Et Al
`
`JUDICIAL DISTRICT OF STAMFORD
` AT STAMFORD
`
`12/30/2019
`
`ORDER
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`ORDER REGARDING:
`11/12/2019 103.00 MOTION TO DISMISS PB 10-30
`
`No Counsel Present. No Parties Present.
`
`The foregoing, having been considered by the Court, is hereby:
`
`ORDER: DENIED
`
`While the original attempt at service was clearly defective and if not supplemented might result in a lack
`of jurisdiction over the movant, the movant has given the court, at this stage any basis to conclude that
`the second attempt at service was not effectuated at the abode of the movant. The sole enunciated basis
`for seeking dismissal is that the second attempt at service occurred after the statute of limitation expired
`and that the plaintiff cannot under the present circumstances avail itself of the tolling provisions of the
`applicable statute. That may be (though the court does not so decide in this procedural context). But the
`issue of whether or not this case was brought soon enough to avoid what may be a bona fide statute of
`limitations defense, does not deprive the court of jurisdiction. Since the movant has not enunciated a
`claim that deprives the court of jurisdiction, the motion to dismiss must be denied.
`
`Judicial Notice (JDNO) was sent regarding this order.
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`431197
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`Judge: ROBERT LOUIS GENUARIO
`Processed by: Ryan Flanagan
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`This document may be signed or verified electronically and has the same validity and status as a document with a physical
`(pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services
`Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the
`Connecticut General Statutes and Connecticut Practice Book Section 4-4.
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`FSTCV196043460S 12/30/2019
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`Page 1 of 1
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