[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
ECP argues that summary judgment is appropriate in the present case because there are no disputed issues of material fact and that CLP filed only a general denial, rather than asserting affirmative defenses, to the complaint. In response, CLP argues that genuine issues of material fact exist regarding the amount of debt owed and the failure of ECP to credit CLP's returned merchandise to its account, as evidenced by CLP's sworn affidavit of debt, invoice statements and shipping documents. In addition, CLP contends that ECP failed to show the absence of any genuine issue of material fact, as CLP's affidavit of debt contradicts ECP's affidavit of debt. CLP concludes, therefore, that because the amount of debt owed to ECP is a material fact that is in dispute summary judgment should not be granted.
"Although the party seeking summary judgment has the burden of showing the nonexistence of any issue of material fact, the party opposing summary judgment must substantiate its adverse claim by showing that there is a genuine issue of material fact together with the evidence disclosing the existence of such an issue." Zichichi v. MiddlesexMemorial Hospital, 204 Conn. 399, 402, 528 A.2d 805 (1987). In the present case, CLP has substantiated its claim that a genuine issue of material fact does exist regarding the amount of money owed to ECP through its affidavit of debt and other supporting documents. Although, ECP maintains that there is no factual dispute as to a genuine issue of material fact, this court concludes that the evidence submitted indicates otherwise. The trial court does not sit as the trier of fact when ruling upon a motion for summary judgement, but rather determines whether any issues of material fact exist. See Lomangino v. LaChance Farms, Inc.,17 Conn. App. 436, 438, 553 A.2d 197 (1989); see also, Nolan v.Borkowski, 206 Conn. 495, 500, 538 A.2d 1031 (1988). Accordingly, the court finds that a genuine issue of material fact does exist concerning CT Page 9052 the amount of debt owed and, thus, properly leaves the determination of the weight to be accorded to the evidence submitted for a jury to decide.
Foley, J.