Painter v. Fletcher
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Linda A. Painter, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint on the pleadings and the opening of counsel at the New York Trial Term in June, 1917.
1Opinion of the Court
Laughlin, J.:
The issues herein came on for trial before the court and a jury. A record was made of the opening of counsel for plaintiff and the original agreements of which copies are annexed to the answer and the instrument dated July 7, 1905, referred to in paragraph 7 of the complaint and being a modifica*617tion of the agreement of May 9, 1905, alleged in this complaint were offered in evidence by plaintiff. Thereupon counsel for defendant moved that the complaint be dismissed on its own allegations, the opening and said documentary evidence. The motion was granted and counsel for plaintiff…
2Cases cited2 opinions
- Bell v. . LeggettNew York Court of Appeals · 1852
- Glens Falls National Bank v. NostrandNew York Supreme Court · 1903
3Cited by2 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Painter v. FletcherAppellate Division of the Supreme Court of the State of New York · 1919