Legal Opinion

Hyman v. New York Mortgage & Security Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 22, 1908Published

Appeal by the plaintiff, Jacob Hyman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 23d day of November, 1907, upon the dismissal of the complaint upon the merits by direction of the court after a trial at the Kings County Trial Term, the jury having been discharged.

1Opinion of the Court

Rich, J.:

At the close of the plaintiff’s evidence a motion was made by the defendant to dismiss the complaint upon the ground that the plaintiff had not made out a cause of action, whereupon the court permitted the plaintiff to open his case and introduce further evidence. While plaintiff’s attorney was examining a witness, the learned trial justice of his own motion discharged the jury, took the case under advisement, and subsequently dismissed the complaint on the merits. Ho evidence was given by the defendant; no motion for a dismissal of the complaint upon the merits was made, and the…

2Cases cited2 opinions

  1. Ware v. . Dos PassosNew York Court of Appeals · 1900
  2. Keuthen v. StacheAppellate Division of the Supreme Court of the State of New York · 1907

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