Bank of New York Mellon v. Tope

339 Conn. 901

260 A.3d 483 (Mem)

The BANK OF NEW YORK MELLON

v.Achyut M. TOPE et al.^*

Supreme Court of Connecticut.

Decided October 12, 2021

Thomas P. Willcutts, Hartford, in support of the petition.

William R. Dziedzic, Farmington, in opposition.

The named defendant's petition for certification to appeal from the Appellate Court, 202 Conn. App. 540, 246 A.3d 4 (AC 40959), is granted, limited to the following issues:

"1. Did the Appellate Court correctly conclude that the named defendant's challenge to the plaintiff's standing to prosecute this action, and, thus, the trial court's subject matter jurisdiction to adjudicate the matter, represented an improper collateral attack on one or more of the earlier judgments rendered by the trial court in favor of the plaintiff?

"2. If the answer to the first certified question is ‘no,’ should the judgment of the Appellate Court be affirmed on the alternative ground that the trial court properly had denied the named defendant's motion to open, in which the named defendant claimed that the trial court lacked subject matter jurisdiction."

ECKER, J....