Candel v. Bankler
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Simon Candel against Joseph Bankler and another. From a judgment dismissing the complaint upon the opening of plaintiff’s counsel to the jury in the Municipal Court of the City of New York, plaintiff appeals. Reversed, and new trial granted.
1Opinion of the CourtBijur, J.
The pleadings were oral. Plaintiff pleaded “injuries to person.” The defendant did not demur, but pleaded a general denial, thus conceding that a cause of action was stated. In that condition of the record, even assuming.that a judge of the Municipal Court has the right to dismiss on the opening of counsél, there was nothing in the opening in this case to warrant a dismissal thereon. Backman v. Rogers, 153 App. Div. 299, 138 N. Y. Supp. 29. No comment is made upon the fact that this action is brought against two persons and that they are designated as copartners, since that point is not…
2Cases cited1 opinion
- Backman v. RodgersAppellate Division of the Supreme Court of the State of New York · 1912