Bass v. Phœnix Insurance Co.
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the plaintiff, Joseph Bass, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of April, 1913, affirming a judgment of the Municipal Court of the City of New York, borough of Manhattan, fifth district, dismissing the plaintiff’s complaint in all three actions.
1Opinion of the Court
Bijur, J.:
I dissent.
At the outset plaintiff, appellant, raises an interesting point of practice. As this trial reached a late hour in the evening, it was suggested that if plaintiff would offer no further evidence, but would rest, defendant would move to dismiss the complaint; the court would reserve its decision on that motion, but if it denied the same the defendant would “ rest again and rely on a renewal of that motion as though made at the close of the entire case.”
The learned trial judge ultimately dismissed the complaint without prejudice. The appellant now contends, citing Schlesinger…
2Cases cited4 opinions
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Schlesinger v. JudAppellate Division of the Supreme Court of the State of New York · 1901
- Anibal v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1903
- Bowen v. FarleyAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- L. N. Gross Co. v. Westchester Fire InsuranceCity of New York Municipal Court · 1914
- Bass v. Williamsburgh City Fire InsuranceAppellate Terms of the Supreme Court of New York · 1915
- Brook v. LevinsonAppellate Terms of the Supreme Court of New York · 1916