Gianquitti v. Sheppard
In Gianquitti v. Sheppard, 53 Conn. App. 72, 76, 728 A.2d 1133 (1999), the defendant claimed that the trial court improperly had precluded it from filing its special defenses on the day trial commenced. Id.
In support of its argument, the defendant cited General Statutes 52-121 (a) to support the proposition that it "was entitled as of right to file its pleading . . . ." Id.
Despite the fact that a motion for default was never filed, the trial court in Gianquitti exercised its discretion and did not allow the filing of the special defenses. Id., 76-77.