Mortimer v. East Side Savings Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEdgcomb, J.
Plaintiff’s complaint has been dismissed upon the opening of his counsel. This practice, while recognized as proper in cases where it clearly appears from the allegations of the complaint and from the opening that no right to recover exists, is one which should be followed with great caution. If there is any doubt as to plaintiff’s right to recover, the parties should be put to their proof. (Malcolm v. Thomas, 207 App. Div. 230; affd., 238 N. Y. 577; Backman v. Rodgers, 153 App. Div. 299, 301.) The case should not be taken from the jury and summarily disposed of unless “ it can be…
2Cases cited19 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Ranney v. PeyserNew York Court of Appeals · 1880
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hays v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1957
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Zisman Exr. v. Duquesne CitySuperior Court of Pennsylvania · 1940
- Gasco Corp. & Gordian Group of Hong Kong, Inc. v. Tosco Properties Ltd.Appellate Division of the Supreme Court of the State of New York · 1997
- Davidson v. Hillcrest General HospitalAppellate Division of the Supreme Court of the State of New York · 1972
9 more not listed; retrieve them via the Exa API.