Reyes v. City of New York

Goldstein, J.,

concurs in part and dissents in part and votes to reverse the judgment appealed from, and to reinstate the complaint in its entirety, with the following memorandum, in which Friedmann, J., concurs: In a civil action, the plaintiff has the right, but not the obligation, to make an opening statement (see, CPLR 4016; De Vito v Katsch, 157 AD2d 413, 415). Similarly, there is no provision in the CPLR for dismissal of a complaint based upon the plaintiff’s opening statement. However, pursuant to CPLR 4401, the court can dismiss based upon the plaintiff’s "admissions” which…