Musso v. St. Thomas Aquinas Church

Appellate Division of the Supreme Court of New York

Musso v. St. Thomas Aquinas Church

213 A.D.2d 529, 624 N.Y.S.2d 912, 1995 N.Y. App. Div. LEXIS 2921

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 20, 1995

StatusPublished

This text of 213 A.D.2d 529 (Musso v. St. Thomas Aquinas Church) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Musso v. St. Thomas Aquinas Church, 213 A.D.2d 529, 624 N.Y.S.2d 912, 1995 N.Y. App. Div. LEXIS 2921 (N.Y. Ct. App. 1995).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Jackson, J.), entered December 8, 1993, which, inter alia, dismissed the complaint at the completion of the plaintiff’s opening statement for failure to state a cause of action.

Ordered that the judgment is affirmed, with costs.

While dismissal of a complaint at the end of a plaintiff’s opening statement is generally disfavored by the courts, it is permitted in those instances where, as here, the plaintiff’s counsel, by admissions and statements of facts, subverts the plaintiff’s alleged cause of action (see, De Vito v Katsch, 157 AD2d 413; McLoughlin v Holy Cross High School, 135 AD2d 513). Lawrence, J. P., Pizzuto, Joy and Altman, 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, Kings County (Jackson, J.), entered December 8, 1993, which, inter alia, dismissed the complaint at the completion of the plaintiff’s opening statement for failure to state a cause of action.

Ordered that the judgment is affirmed, with costs.

While dismissal of a complaint at the end of a plaintiff’s opening statement is generally disfavored by the courts, it is permitted in those instances where, as here, the plaintiff’s counsel, by admissions and statements of facts, subverts the plaintiff’s alleged cause of action (see, De Vito v Katsch, 157 AD2d 413; McLoughlin v Holy Cross High School, 135 AD2d 513). Lawrence, J. P., Pizzuto, Joy and Altman, JJ., concur.

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Bluebook (online)

213 A.D.2d 529, 624 N.Y.S.2d 912, 1995 N.Y. App. Div. LEXIS 2921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musso-v-st-thomas-aquinas-church-nyappdiv-1995.

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