Brush v. Lindsay
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Kelly, P. J.:
In Malcolm v. Thomas (207 App. Div. 230; affd., 238 N. Y. 577), which was an appeal from a judgment dismissing the complaint upon the opening of plaintiff’s counsel, we said: “ This appeal illustrates anew the danger of a dismissal of the complaint upon the opening of plaintiff’s counsel in an action triable by jury. Unless it is obvious that under no circumstances and in no view of testimony that might be adduced can the plaintiff prevail, the practice of dismissing on the opening of counsel alone should not be encouraged.”
Let us see what is before us for decision on this…
2Cases cited8 opinions
- Sporza v. . German Savings BankNew York Court of Appeals · 1908
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- People v. . CampNew York Court of Appeals · 1893
- Gearity v. StrasbourgerAppellate Division of the Supreme Court of the State of New York · 1909
- Malcolm v. . ThomasNew York Court of Appeals · 1924
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Hawkes v. GollAppellate Division of the Supreme Court of the State of New York · 1939
- Todzia v. StateNew York Court of Claims · 1967
- Hunt v. HuntNew York Supreme Court · 1934
- Sherman v. MillardNew York Supreme Court · 1932
2 more not listed; retrieve them via the Exa API.