TicketNetwork is claiming the denial of the motion to dismiss as a victory. The Bushnell was unable to be reached for comment.
“We are pleased with the judge’s decision as this is the victory for the public,” Vaccaro said in a press release. “The outcome of this case demonstrates that truth outweighs fabrication of information in the court of law.“ CT NewsJunkie
In so far as winning a motion is better than losing a motion – Vaccaro should be pleased with Judge Rittenband’s ruling not to dismiss his case against the Bushnell.
A motion to dismiss is the way a party contests the Court’s jurisdiction to hear a matter. It is a threshold matter that has nothing to do with the merits of a case:
The motion to dismiss shall be used to assert (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process. This motion shall always be filed with a supporting memorandum of law, and where appropriate, with supporting affidavits as to facts not apparent on the record. Conn. Prac., Super. Ct. Civ. Rules § 10-31
In my opinion, Vaccaro’s claims that “the judge’s decision as this is the victory for the public” and “the outcome of this case demonstrates that truth outweighs fabrication of information in the court of law” make for good copy. His case merely survived the first attack by the defendant.
Given how contentious this case is – it seems likely that the parties are going to take a walk through the practice book. Look for a motion to strike to be filed (to test the legal sufficiency of the claims) and a motion for summary judgment to be filed. It would be unusual for a case like this to be tossed out of court on a motion (though, I have no opinion on this as I have not read through all of the pleadings nor have I researched all of the relevant law) – generally the superior court errs on giving parties their day in court.
Expect this matter to go to trial or settle before that.