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HI WOHN v. COUNTY OF SUFFOLK

211 A.D.2d 761 (1995)

621 N.Y.S.2d 392

Kyong Hi Wohn et al., Respondents, v. County of Suffolk et al., Appellants

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

January 30, 1995

Ordered that the appeal is dismissed, without costs or disbursements.

At the conclusion of the plaintiffs' attorney's opening statement, the defendants' attorney made an application to "dismiss all claims regarding economic loss as they have not been [pleaded] in the complaint". In an oral decision from the Bench, the Justice presiding in the Supreme Court denied this application, and granted the application by the plaintiffs' attorney for a mistrial and for leave...

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