Legal Opinion
Calore v. Domnitch
City of New York Municipal Court
Decided May 1, 1957PublishedCited by 2 opinions
1Opinion of the CourtJ. Irwin Shapiro, J.
The defendant, in this jury case, reserved his right to make a motion to dismiss the complaint at the end of the plaintiffs’ case, and now at the end of the entire case (subject only to medical proof on the part of the plaintiffs) he moves for a dismissal, contending that the proof in the record is insufficient, as a matter of law, to permit this case to go to the jury.
In passing upon that motion, the facts must be viewed in a light most favorable to the plaintiffs (Swensson v. New York, Albany Desp. Co., 309 N. Y. 497, 505).
The facts in this case, viewed in the light most favorable to the…
2Cases cited10 opinions
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
- Swensson v. New York, Albany Despatch Co.New York Court of Appeals · 1956
- Mendelowitz v. NeisnerNew York Court of Appeals · 1932
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3Cited by2 opinions
- Beauchamp v. New York City Housing AuthorityNew York Court of Appeals · 1963
- Beauchamp v. New York City Housing AuthorityNew York Court of Appeals · 1963