Motion to Cite In Is Not an ‘Action’ Under Accidental Failure of Suit

In Aqleh v. Cadlerock Joint Venture II, L.P., 299 Conn. 84 (2010), the Supreme Court determined the application of the accidental failure of suit statute, General Statutes Section 52-592, to the ongoing legal saga between the parties. In this case the Court held that Cadlerock could not subvert the statute of limitations in the original action by moving to cite in Wageeh Aqleh. In an earlier decision, 287 Conn 379, the Supreme Court had upheld the trial court’s grant of summary judgment in the original action because it had not been timely commenced against Aqleh since he had not been served within “the time limited by law.” Cadlerock could have served Aqleh under the long arm statute, Section 52-59c, but did not. The basis for the Court’s decision was that a motion to cite in did not constitute a “new” and separate “action” within the meaning of the accidental failure of suit statute.