Helmig v. Fanning

Appellate Division of the Supreme Court of New York

Helmig v. Fanning

255 A.D. 766, 7 N.Y.S.2d 514, 1938 N.Y. App. Div. LEXIS 5145

Appellate Division of the Supreme Court of the State of New York·Decided October 21, 1938·Published

Opinion

Allegations sufficient to constitute a cause of action were set forth in the complaint. It is quite apparent that the court misunderstood the opening statement of counsel for the plaintiff, otherwise the complaint would not have been dismissed without the introduction of any testimony. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Callahan, JJ.

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Allegations sufficient to constitute a cause of action were set forth in the complaint. It is quite apparent that the court misunderstood the opening statement of counsel for the plaintiff, otherwise the complaint would not have been dismissed without the introduction of any testimony. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Callahan, JJ.

Helmig v. Fanning, 255 A.D. 766, 7 N.Y.S.2d 514, 1938 N.Y. App. Div. LEXIS 5145 (N.Y. Ct. App. 1938).

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255 A.D. 766 (Helmig v. Fanning) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.