Musso v. St. Thomas Aquinas Church

Full title: GIUSEPPE MUSSO, Appellant, v. ST. THOMAS AQUINAS CHURCH et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 20, 1995

213 A.D.2d 529 (N.Y. App. Div. 1995)

624 N.Y.S.2d 912

Opinion

March 20, 1995

Appeal from the Supreme Court, Kings County (Jackson, J.).

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; McLoughlin v. Holy Cross High School, 135 A.D.2d 513). Lawrence, J.P., Pizzuto, Joy and Altman, JJ., concur.