Ordered that the judgment is reversed, on the law, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial, with costs to abide the event.
A dismissal of the complaint after the plaintiff's attorney's opening statement is warranted only where "it can be demonstrated either (1) that the complaint does not state a cause of action . . . (2) that a cause of action well stated is conclusively defeated by something interposed...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
