Legal Opinion

Perretti v. City of New York

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

Decided July 6, 1987PublishedCited by 13 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Lerner, J.), dated October 21, 1986, which, upon a trial ruling granting the defendants’ motion to dismiss the plaintiff’s complaint, made immediately after the plaintiffs opening statement, dismissed the plaintiffs complaint.

Ordered that the order and judgment is affirmed, with costs.

While it is true that dismissals after a plaintiffs opening statement are not favored (see, Seminara v Iadanza, 131 AD2d 457; O’Leary v American…

2Cases cited10 opinions

  1. Turcotte v. FellNew York Court of Appeals · 1986
  2. Solomon v. City of New YorkNew York Court of Appeals · 1985
  3. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
  4. Cimino v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1985
  5. Benjamin v. City of New YorkNew York Court of Appeals · 1984

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
  2. Pascucci v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1992
  3. Gallagher v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1988
  4. Calise v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
  5. Swan v. Town of Grand IslandAppellate Division of the Supreme Court of the State of New York · 1996

8 more not listed; retrieve them via the Exa API.

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