SCHALLER, J.
The plaintiff, Rajiv Sethi, appeals from the summary judgment rendered by the trial court in favor of the defendant, Bruhan Yagildere. On appeal, the plaintiff claims that the court improperly determined that he lacked standing to allege unjust enrichment and a violation of the Connecticut Unfair Trade Practice Act (CUTPA).
On July 1, 2010, the defendant filed a motion for summary judgment arguing, inter alia, that the plaintiff lacked standing to bring the action. The court granted this motion on October 14, 2010.
We begin our analysis by setting forth our standard of review and the relevant legal principles. "If a party is found to lack standing, the court is without subject matter jurisdiction to determine the cause.... A determination regarding a trial court's subject matter jurisdiction is a question of law. When ... the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record." (Internal quotation marks omitted.) Burton v. Commissioner of Environmental Protection, 291 Conn. 789, 802, 970 A.2d 640 (2009).
"Subject matter jurisdiction involves the authority of the court to adjudicate the type of controversy presented by the action before it.... [A] court lacks
"Standing is the legal right to set judicial machinery in motion. One cannot rightfully invoke the jurisdiction of the court unless [one] has, in an individual or representative capacity, some real interest in the cause of action.... Standing is established by showing that the party claiming it is authorized by statute to bring suit or is classically aggrieved.... The fundamental test for determining [classical] aggrievement encompasses a well-settled twofold determination: first, the party claiming aggrievement must successfully demonstrate a specific personal and legal interest in the subject matter of the decision, as distinguished from a general interest, such as is the concern of all the members of the community as a whole. Second, the party claiming aggrievement must successfully establish that the specific personal and legal interest has been specially and injuriously affected by the [challenged action].... Aggrievement is established if there is a possibility, as distinguished from a certainty, that some legally protected interest ... has been adversely affected." (Internal quotation marks omitted.) Gold v. Rowland, 296 Conn. 186, 207, 994 A.2d 106 (2010). The plaintiff has the burden of demonstrating that he is the proper party to invoke the court's jurisdiction. Seymour v. Region One Board of Education, 274 Conn. 92, 104, 874 A.2d 742, cert. denied, 546 U.S. 1016, 126 S.Ct. 659, 163 L.Ed.2d 526 (2005).
In the present case, the plaintiff proceeds under a theory that the deposit was paid by his father. Indeed, the complaint contains an explicit allegation that the plaintiff's father, Balram Sethi, "gave [the defendant] the sum of $70,000 as a deposit for the business [and] took over the operation of the business...." This allegation constitutes a judicial admission that the plaintiff's father, and not the plaintiff, paid the deposit. See Dreier v. Upjohn Co., 196 Conn. 242, 248, 492 A.2d 164 (1985) ("[f]actual allegations contained in pleadings upon which the cause is tried are considered judicial admissions and hence irrefutable as long as they remain in the case"). Moreover, in an affidavit filed in opposition to the defendant's motion for summary judgment, the plaintiff stated that "I never had any contract with the [d]efendant and never paid anything to the [d]efendant."
The factual findings relating to the payment of the deposit made in connection with the plaintiff's father's case do not alter this conclusion. While litigation of a factual question might, under some circumstances, be binding in a subsequent case; see, e.g., Aetna Casualty & Surety Co. v. Jones, 220 Conn. 285, 296-97, 596 A.2d 414 (1991) (collateral estoppel); the prior court's conclusion that the plaintiff
The absence of standing deprives the court of subject matter jurisdiction. See Burton v. Commissioner of Environmental Protection, supra, 291 Conn. at 802, 970 A.2d 640. Consequently, the award of summary judgment in favor of the defendant was, as a matter of form, improper. See 418 Meadow Street Associates, LLC v. Clean Air Partners, LLC, 123 Conn.App. 416, 417-18, 1 A.3d 1194, cert. granted on other grounds, 298 Conn. 932, 5 A.3d 490 (2010) (reversing judgment in favor of defendant and remanding case with direction to dismiss after concluding that plaintiff lacked standing); Terese B. v. Commissioner of Children & Families, 68 Conn.App. 223, 228, 789 A.2d 1114 (2002) ("[a]ggrievement is essentially a question of standing; without it, a court must dismiss an action for want of jurisdiction" [internal quotation marks omitted]).
The form of judgment is improper, the judgment is reversed and the case is remanded with direction to render judgment dismissing the case for lack of subject matter jurisdiction.
In this opinion the other judges concurred.