VAYNSHELBAUM v. CITY OF NEW YORK

1347, 153759/12.

140 A.D.3d 406 (2016)

33 N.Y.S.3d 37

2016 NY Slip Op 04302

YEFIM VAYNSHELBAUM et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 2, 2016.


On the morning that trial was to begin, defendants submitted a motion in limine seeking, inter alia, "preclusion" of five of the eight causes of action and a motion for a directed verdict on opening statements. The next day, after plaintiffs had submitted written opposition and opening statements were made, the court granted the motion for a directed verdict.

Plaintiffs' opening statement warranted dismissal of the negligence and negligent battery claims, because...

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