Goldstein v. Rodgers & Hagerty, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal from City Court of New York, Trial Term. Action by Harry Goldstein against Rodgers & Hagerty, Incorporated. From a judgment for plaintiff, and an order denying defendant’s motion for a new trial, defendant appeals.
1Opinion of the CourtGuy, J.
In this action to recover damages' for personal injuries, sustained through the alleged negligence of the defendant, there are two questions presented :
First. Was the court’s refusal to dismiss the complaint, made at the opening of the trial, upon the ground that the complaint does not/ state facts sufficient to constitute a cause of action, reversible error?
Second. If it be assumed that the plaintiff proved a prima facie case for submission to the jury (the defendant offering no evidence), can the defect in the pleading be cured on this appeal?
The complaint alleges that the defendant was…
2Cases cited2 opinions
- Pagnillo v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Allinger v. McKeownNew York Supreme Court · 1900