Legal Opinion
Goldenberg v. Bartell Broadcasting Corp.
New York Supreme Court
Decided June 4, 1965PublishedCited by 19 opinions
1Opinion of the CourtWilfred A. Waltemade, J.
The defendants, pursuant to the provisions of CPLR 4401, have made a motion at the end of plaintiff’s case to dismiss the complaint upon the ground that the plaintiff has failed to make out a prime facie case. In the determination of this motion, the court has applied the principle of law that on motions to dismiss a complaint at the end of a plaintiff’s case, the facts adduced by the plaintiff are to be considered in the aspect most favorable to the plaintiff and that the plaintiff is entitled to the benefit of every favorable inference which can be drawn from the evidence (Chmela v. Board…
2Cases cited18 opinions
- Carney v. New York Life InsuranceNew York Court of Appeals · 1900
- Heaman v. E. N. Rowell Co.New York Court of Appeals · 1933
- Hardin v. Morgan Lithograph Co.New York Court of Appeals · 1928
- Joseph Greenspon's Sons Iron & Steel Co. v. Pecos Valley Gas Co.Superior Court of Delaware · 1931
- Warszawa v. White Eagle Brewing Co.Appellate Court of Illinois · 1939
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Scientific Holding Company, Ltd. v. Plessey IncorporatedCourt of Appeals for the Second Circuit · 1974
- In Re Union Carbide Corp. Consumer Products Business Securities LitigationDistrict Court, S.D. New York · 1987
- Goldston v. Bandwidth Technology Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Vig v. Deka Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Ullman-Briggs, Inc. v. Salton, Inc.District Court, S.D. New York · 1991
14 more not listed; retrieve them via the Exa API.