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BIGNAMI v. CARISTO CONSTR. CORP.

37 A.D.2d 851 (1971)

Mario Bignami, Appellant, v. Caristo Construction Corp. et al., Respondents, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 18, 1971

Judgment reversed, on the law, and new trial granted, with costs to abide the event.

Upon the record before us, which includes the pleadings, as well as the opening statement, it was an improvident exercise of discretion to nonsuit plaintiff on the opening of counsel. The facts as alleged and as presented by counsel are not such as to preclude any possibility of recovery (Rivera v. Board of Educ. of City of N. Y., 11 A.D.2d 7

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