Dinunzio v. City of New York

Appellate Division of the Supreme Court of New York

Dinunzio v. City of New York

49 A.D.2d 875, 373 N.Y.S.2d 188, 1975 N.Y. App. Div. LEXIS 11079

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1975·Published

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Richmond County, entered October 11,1972 in favor of defendants, upon the trial court’s dismissal of the complaint at the end of plaintiffs’ opening statement. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact have been raised or considered. Under the allegations of the complaint and the bill of particulars with respect to the alleged negligence of defendants, the notice of claim was sufficient. The complaint should not have been dismissed upon plaintiffs’ opening statement. Hopkins, Acting P. J., Latham, Margett, Brennan and Shapiro, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Richmond County, entered October 11,1972 in favor of defendants, upon the trial court’s dismissal of the complaint at the end of plaintiffs’ opening statement. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact have been raised or considered. Under the allegations of the complaint and the bill of particulars with respect to the alleged negligence of defendants, the notice of claim was sufficient. The complaint should not have been dismissed upon plaintiffs’ opening statement. Hopkins, Acting P. J., Latham, Margett, Brennan and Shapiro, JJ., concur.

Dinunzio v. City of New York, 49 A.D.2d 875, 373 N.Y.S.2d 188, 1975 N.Y. App. Div. LEXIS 11079 (N.Y. Ct. App. 1975).

Pincite

49 A.D.2d 875 (Dinunzio v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.