Benz v. Burrows

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred by granting defendant Watkins’ motion to dismiss the complaint after opening statements at trial. Motions to dismiss at that stage of the litigation are strongly disfavored and should not be granted "unless it is obvious that under no circumstances, and under no view of the testimony to be adduced, can plaintiff prevail” (Jurewicz v Lucarelli, 77 AD2d 751, 752; see also, De Vito v Katsch, 157 AD2d 413, 416-417; DiPasquale v Baker-Roos, Inc., 156 AD2d…