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PENN CENT. TRANSP. CO. v. SINGER WAREHOUSE & TRUCKING CORP.

86 A.D.2d 826 (1982)

Penn Central Transportation Company, Plaintiff, v. Singer Warehouse & Trucking Corp., Defendant Singer Warehouse & Trucking Corp., Appellant, v. Consolidated Rail Corporation et al., Appellants, and Hunts Point Industrial Park et al., Respondents, et al., Defendant

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

February 23, 1982

The trial court dismissed the complaint and cross complaints after opening statements to the jury and offers of proof on argument. Numerous cases attest to the strict standards imposed upon a motion to dismiss the complaint under such circumstances: "It is well settled that no complaint should be dismissed on the opening statement of counsel unless it appears beyond doubt that no question of fact is involved; that, accepting as...

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