Hochman v. Board of Education

Appellate Division of the Supreme Court of New York

Hochman v. Board of Education

197 A.D.2d 609, 604 N.Y.S.2d 757, 1993 N.Y. App. Div. LEXIS 9758

Appellate Division of the Supreme Court of the State of New York·Decided October 18, 1993·Published

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Lerner, J.), entered July 18, 1991, which, upon a ruling at the close of opening statements at trial, is in favor of the defendant dismissing the complaint.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

Since a valid theory of negligence was offered to support the plaintiffs complaint, the court erred in dismissing the complaint after opening statements (see generally, De Vito v Katsch, 157 AD2d 413). Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Lerner, J.), entered July 18, 1991, which, upon a ruling at the close of opening statements at trial, is in favor of the defendant dismissing the complaint.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

Since a valid theory of negligence was offered to support the plaintiffs complaint, the court erred in dismissing the complaint after opening statements (see generally, De Vito v Katsch, 157 AD2d 413). Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

Hochman v. Board of Education, 197 A.D.2d 609, 604 N.Y.S.2d 757, 1993 N.Y. App. Div. LEXIS 9758 (N.Y. Ct. App. 1993).

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