Black v. Judelsohn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
At the commencement of the trial defendant moved for a dismissal of the complaint. The court reserved decision; it *560thereafter determined that the opening statement added nothing to the complaint and that together they failed to establish a cause of action. The motion to dismiss the complaint was thereupon granted.
The verbal statement of plaintiffs’ counsel to the jury, save for a few details, did not enlarge upon the complaint. Counsel, however, was not limited in his proof by the opening but he was privileged to take advantage of any evidence that he might be able to adduce whether set forth…
2Cases cited14 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Sachs v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1924
- Fulton v. IngallsAppellate Division of the Supreme Court of the State of New York · 1914
- Fulton v. Richmond County Society for the Prevention of Cruelty to ChildrenNew York Court of Appeals · 1915
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3Cited by15 opinions
- Melvin v. PenceCourt of Appeals for the D.C. Circuit · 1942
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Bank of Lyons v. SchultzIllinois Supreme Court · 1980
- O'Leary v. American AirlinesAppellate Division of the Supreme Court of the State of New York · 1984
- Petrich v. McDonaldWashington Supreme Court · 1954
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