De Vito v. Katsch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
On the appeal before us, the defendant moved to dismiss the complaint immediately following the plaintiffs opening statement, asserting that the opening statement was insufficient to establish a prima facie case. Affording the plaintiff no opportunity to expand on the opening by way of an attempted offer of proof, the trial court dismissed the complaint. For the reasons which follow, the judgment is reversed, and a new trial is granted.
We take the opportunity to discuss the law relating to the purpose of the opening statement in civil trials, and to…
2Cases cited102 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Best v. District of ColumbiaSupreme Court of the United States · 1934
- People v. KurtzNew York Court of Appeals · 1980
- People v. De ToreNew York Court of Appeals · 1974
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
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3Cited by41 opinions
- Jones v. DavisAppellate Division of the Supreme Court of the State of New York · 2003
- JLJ Recycling Contractors Corp. v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 2003
- Caruso v. Northeast Emergency Medical Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2011
- Giambona v. SteinAppellate Division of the Supreme Court of the State of New York · 1999
- Beshay v. Eberhart L.P. 1Appellate Division of the Supreme Court of the State of New York · 2010
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