Vitality Chiropractic, P.C. v. New York Central Mutual Fire Insurance

Weston Patterson J.

(concurring in part and dissenting in part and voting to reverse the judgment and dismiss the complaint in the following memorandum). While I concur with the substance of the majority’s opinion and its reversal of the judgment, I disagree with the majority’s decision to order a new trial. In my view, and under the circumstances of this case, plaintiffs complaint should be dismissed.

It is evident from the record that before the court ruled on its motion for a directed verdict, plaintiff had no intention of presenting a case at trial. Plaintiff made clear that, based on a…