Federal Ins. Co. v. Gabriele
In Federal Ins. Co. v. Gabriele, 54 Conn. App. 459, 461, 735 A.2d 368 (1999) the Court stated that "Practice Book 17-4, formerly 326, was amended in 1997 to provide that a motion to open or set aside a judgment must be filed 'within four months succeeding the date on which notice was sent,' changing former 326, which provided that a motion to open or set aside must be 'filed within four months of the entry of judgment.' . . . Practice Book 17-4 clarifies the issue of when the four month period commences by providing that the four month period does not commence until the date on which notice of the judgment is sent." Federal Ins. Co. v. Gabriele, supra, 462.
The Court held that the court improperly relied on the date that judgment was rendered, rather than on the date that notice of the judgment was sent, in determining that the motion to open had been untimely filed. Id., 462-63.