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Ruiz v. Victory Properties LLC

Plaintiff was injured when a neighbor dropped a cinder block from their third-floor apartment, landing on her head. The plaintiffs filed a negligence action against their landlord and two other defendants. The latter claims were dependent on the success of the former claims. After the appellate court reversed summary judgment in favor of the defendant on the former claims, the plaintiff filed a motion to open the summary judgment in favor of the other two defendants. The court held that the automatic stay provision of Practice Book § 61-11 (a) does not operate to toll the four month period for filing a motion to open. Thus, the trial court properly denied the motion to open as untimely.