Cummins v. Schouten

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Bergerman, J.) in favor of defendant, entered March 22, 1989 in Rockland County, upon a dismissal of the complaint at the close of plaintiffs’ case.

Plaintiffs commenced this action to recover damages for the alleged injuries negligently inflicted upon plaintiff Noel Cummins by defendant during a fight which occurred on May 9, 1984. At trial, plaintiffs introduced defendant’s pretrial testimony as well as testimony of Cummins and another witness, the aggregate of which…