Scott v. Knapp

Appellate Division of the Supreme Court of New York

Scott v. Knapp

38 A.D.2d 761, 329 N.Y.S.2d 1001, 1972 N.Y. App. Div. LEXIS 5498

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

DecidedJanuary 31, 1972

StatusPublished

Cited by1 cases

This text of 38 A.D.2d 761 (Scott v. Knapp) 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

Scott v. Knapp, 38 A.D.2d 761, 329 N.Y.S.2d 1001, 1972 N.Y. App. Div. LEXIS 5498 (N.Y. Ct. App. 1972).

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Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, dated July 29, 1971, which dismissed the complaint, upon the trial court’s granting of defendant’s motion for that relief based on the opening statement of plaintiff’s counsel at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. Upon the record before us, which includes the pleadings, as well as plaintiff’s counsel’s opening statement at the trial, it was improper to nonsuit plaintiff on that opening statement (Rivera v. Board of Educ. of City of N. Y., 11 A D 2d 7). Latham, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, dated July 29, 1971, which dismissed the complaint, upon the trial court’s granting of defendant’s motion for that relief based on the opening statement of plaintiff’s counsel at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. Upon the record before us, which includes the pleadings, as well as plaintiff’s counsel’s opening statement at the trial, it was improper to nonsuit plaintiff on that opening statement (Rivera v. Board of Educ. of City of N. Y., 11 A D 2d 7). Latham, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 761, 329 N.Y.S.2d 1001, 1972 N.Y. App. Div. LEXIS 5498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-knapp-nyappdiv-1972.

Opinion

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