Legal Opinion
Kappa Frocks, Inc. v. Alan Fabrics Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 1942PublishedCited by 7 opinions
1Opinion of the CourtCohn, J.
Appellant Kappa Frocks, Inc., hereinafter referred to as “ Kappa,” appeals from so much of an order of consolidation of two actions as grants to respondent Alan Fabrics Corporation, hereinafter referred to as “ Alan,” the right to open and close upon the trial of the consolidated action.
The privilege of opening and closing a case before the jury is a substantial and important right given to the party having the affirmative of the first issue of fact raised by the pleadings, and an appeal may be taken as of course from an order denying such a right. (Heilbronn v. Herzog, 165 N. Y. 98; L. O. N.…
2Cases cited5 opinions
- Lee v. SchmeltzerAppellate Division of the Supreme Court of the State of New York · 1930
- Brink's Express Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1930
- Heilbronn v. . HerzogNew York Court of Appeals · 1900
- Van Devort v. K. & H. Evaporating Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Dexter Sulphite Pulp & Paper Co. v. HearstAppellate Division of the Supreme Court of the State of New York · 1923
3Cited by7 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Watkins Body Corp. v. Arditi Ltd.Appellate Division of the Supreme Court of the State of New York · 1951
- Gallagher v. BarthAppellate Division of the Supreme Court of the State of New York · 1944
- Babcock v. LowyAppellate Division of the Supreme Court of the State of New York · 1959
- Grimm & Davis v. GoldbergCivil Court of the City of New York · 1979
2 more not listed; retrieve them via the Exa API.