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38 ¦ FEBRUARY 24, 2020 CONNECTICUT OPINIONS

supported that. The court granted plaintiff ’s HEALTH CARE LAW
motion as to this special defense.
Court Grants Motion to Dismiss Where
CREDITORS’ AND DEBTORS’ RIGHTS • Complaint’s Opinion Letter Author
CIVIL PROCEDURE Contained Insufficient Information

Connecticut Courts May Not Decide About Professional Licensure
Merits of Foreign Judgment CASE: Bugryn v. Trinity Health of New England Corp., Inc.
COURT: New Britain J.D.
CASE: AKF, Inc. v. Upcountry Serv. of Sharon, Inc. DOC. NO.: CV-19-6052945-S
COURT: Litchfield J.D. at Torrington
DOC. NO.: CV19-6021671 COURT OPINION BY: Wiese
DATE: February 03, 2020 • PAGES: 14
COURT OPINION BY: Pickard Plaintiff was admitted to the hospital for sur-
DATE: February 05, 2020 • PAGES: 13
motion to gery and recovery; the doctor ordered bed rest
The court granted defendant’s with no bathroom privileges. Later, a regis-
strike, finding the special defenses and coun- tered nurse did a fall assessment and deter-
terclaims asserted by defendants needed to be mined that plaintiff was a low fall risk. Sev-
brought in the New Yorks courts, where plain- eral hours after the nurse’s fall assessment,
tiff ’s underlying judgment was obtained, and plaintiff needed to use the bathroom; she no-
not in the Connecticut courts. Defendants, tified a staff member who told her to get out
Connecticut residents, executed confessions of bed and accompanied her to the bathroom
of judgment in favor of plaintiff. Plaintiff, a but then left her unattended. While getting up
New York corporation, enforced the confes- from the toilet she lost consciousness and fell,
sions of judgment against defendants in New suffering serious injuries. She brought medical
York court. When the judgments remained malpractice claims against the hospital and
unsatisfied, plaintiff sought to enforce the health service provider, and defendants moved
two New York judgments in Connecticut. In to dismiss on the ground that the complaint
their answer, defendants asserted a special de- did not include an opinion letter authored by
fense of fraud on the foreign tribunal/lack of a “similar health care provider” as defined by
subject matter jurisdiction. They also asserted statute because it failed to identify which state
counterclaims sounding in a collateral attack the author’s licensure came from and con-
on a void foreign judgment, unfair trade prac- tained insufficient information on the author’s
tices, fraud, and unjust enrichment. Plaintiff training and experience as a registered nurse.
The court agreed, finding the plaintiff ’s com-
moved to strike defendants’ special defenses plaint opinion letter contained insufficient in-
and counterclaims, asserting they were unsup- formation regarding the author’s professional
ported by either New York or Connecticut law licensure to establish her as a “similar health
and that defendants failed to plead sufficient care provider.” The court granted defendant’s
facts. The court granted the motion to strike. motion to dismiss.
The fraud asserted by defendants in their
special defense was intrinsic fraud, involving MEDICAL MALPRACTICE •
the very judgment that plaintiff now sought
to enforce. This was not an issue collateral to CIVIL PROCEDURE

the New York judgment, but a claim that the Additional Negligence and Informed
New York judgment was itself obtained by Consent Claims Related Back to
fraud. Such a claim needed to be raised in the
New York courts, not the Connecticut courts. Original Medical Malpractice Claims
Turning to defendants’ counterclaims, the
court found they were similarly an attempt to CASE: Best v. CCWC Prof’l Practice Group, LLC
litigate the merits of the New York judgment COURT: Danbury J.D.
in the Connecticut courts. Such counterclaims DOC. NO.: CV18-6025335
COURT OPINION BY: D’Andrea
are impermissible under Connecticut law. The DATE: February 03, 2020 • PAGES: 16
court accordingly granted plaintiff ’s motion The court granted plaintiffs’ request for leave
to strike in its entirety. to file an amended complaint and overruled

CONNECTICUT
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