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MUSSO v. ST. THOMAS AQUINAS CHURCH

213 A.D.2d 529 (1995)

624 N.Y.S.2d 912

Giuseppe Musso, Appellant, v. St. Thomas Aquinas Church et al., Respondents. (And a Third-Party Action.)

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

March 20, 1995

Ordered that the judgment is affirmed, with costs.

While dismissal of a complaint at the end of a plaintiff's opening statement is generally disfavored by the courts, it is permitted in those instances where, as here, the plaintiff's counsel, by admissions and statements of facts, subverts the plaintiff's alleged cause of action (see, De Vito v Katsch, 157 A.D.2d 413;

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